State v. Sensing’s Empirical Analysis

Citation profile

19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) that the tests were performed in accordance with the standards and operating procedure promulgated by the forensic services division of the Tennessee Bureau of Investigation, (2) that he was properly certified in accordance with those standards, (3) that the evidentiary breath testing instrument used was certified by the forensic services division, was tested regularly for accuracy and was working properly when the breath test was performed, (4) that the motorist was observed for the requisite 20 minutes prior to the test, and during this period, he did not have foreign matter in his mouth, did not consume any alcoholic beverage, smoke, or regurgitate, (5) evidence that he followed the prescribed operational procedure, (6) identify the printout record offered in evidence as the result of the test given to the person tested.”

   11 later decisions quote this exact passage
   e.g. State v. Greene · State v. Conway

2. “(d)(2) Upon approval of the director of the Tennessee bureau of investigation, local governing bodies which have the responsibility for providing funding for sheriffs’ offices and police departments, are authorized to purchase from state contracts approved for bureau purchases, scientific instruments designed to examine a person’s breath and measure the alcohol content thereof, for use as evidence in the trial of cases; provided, that prior to use thereof, such instruments must be delivered to the forensic services division of the bureau for testing and certification pursuant to subsection (g). The bureau shall continue to maintain and certify the instruments and operating personnel, pursuant to subsec tion (g), and furnish expert testimony in support of the use of such instruments when required. [[Image here]] (g) The bureau, through its forensic services division, shall establish, authorize, approve and certify techniques, methods, procedures and instruments for the scientific examination and analysis of evidence, including blood, urine, breath or other bodily substances, and teach and certify qualifying personnel in the operation of such instruments to meet the requirements of the law for the admissibility of evidence. When examinations, tests and analyses have been performed in compliance with such standards and procedures, the results shall be prima fade admissible into evidence in any judicial or quasi-judicial proceeding, subject to the rules of evidence as administere”

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

3. “Eidson,” its policy is to list the defendant's name as it appears on the indictment. In this case, "Edison” is the name used in the indictment. Thus, to reduce the probability of confusion, we will also refer to the defendant as Jerry Wayne Edison. 2 . "Blood alcohol concentration (BAC) is expressed in percent weight by volume (/v) based upon grams of alcohol per 100 cubic centimeters of blood or per 210 liters of breath. A BAC of 0.10% w/v means 0.10 grams of alcohol per 100 cubic centimeters of blood (0.01g/100cc) or 0.10 grams of alcohol per 210 liters of breath. Alcohol concentrations in either breath or in air mixtures can also be expressed in milligrams of alcohol per liter of air (mg/1); to convert mg/1 to units of percent weight by volume, multiply by 0.21. (Traffic Laws Anno., Sec. 11-002.1(a) (Supp. 1983)). The conversion factor of 0.21 is a commonly used value recognized by the Committee on Alcohol and Other Drugs of the National Safety Council; that is 210 liters of deep lung air at 34Ó contains approximately the same quantity (mass) of ethanol [alcohol] as lOOcc of pulmonary blood. See R.N. Har-ger, R.B. Forney and R.S. Baker. 'Estimates of the Level of Blood Alcohol from Analysis of Breath.’ Quarterly Journal of Studies on Alcohol. 1-18 (1956).”

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