Ham v. State’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “emphasize one particular evidentiary fact, witness, or phase of the case.”

   4 later decisions quote this exact passage
   e.g. Gravens v. State · Reese v. State

2. “A defendant's refusal to submit to a chemical test may be considered as evidence of intoxication.”

   3 later decisions quote this exact passage
   e.g. Gravens v. State · Reese v. State

3. “Whether a defendant's refusal to submit to a chemical test is evidence of intoxication or merely that the defendant refused to take the test is for the lawyers to argue and the jury to decide. An instruction from the bench one way or the other misleads the jury by unnecessarily emphasizing one evidentiary fact.”

   1 later decision quote this exact passage
   e.g. Gravens v. State