Morrow v. Ziegler’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. The order is not in accordance with the law. 2. The order is in violation of the constitutional rights of the appellant. 3. The provisions of this chapter have not been complied with in the proceedings before the agency. 4. The rules or procedure of the agency have not afforded the appellant a fair hearing. 5. The findings of fact made by the agency are not supported by a preponderance of the evidence. 6. The conclusions of law and order of the agency are not supported by its findings of fact. 7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant. 8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.””

   4 later decisions quote this exact passage
   e.g. Daniels v. Ziegler · Roberts v. North Dakota Department of Transportation

2. “[T]he officer must first form the opinion that the person's body contains alcohol before the implied consent provision applies. Without that opinion, the Department has no authority to suspend a person's privilege to drive for refusal. If the Report and Notice does not inform the Department of that opinion, the Department does not have the requisite information to suspend the driver's license. Therefore, the requirement is basic and mandatory.”

   1 later decision quote this exact passage
   e.g. Sutton v. N.D. Dept. of Transportation

3. “Allowing the Department to infer elements that are basic and mandatory without any factual basis on the report to support the inference slants the law too much toward the Department's convenience. The report must in some way convey that the officer believed the person's body contained alcohol.”

   1 later decision quote this exact passage
   e.g. Sutton v. N.D. Dept. of Transportation