85 Ohio App. 3d 165 - State v. Gray’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he inference of the defendant’s intoxication was not permitted to be made by the jury in consideration of the evidence. Rather, the jury was directed by the court that it might consider that defendant believed he was under the influence of alcohol at the time of the test. The trial court’s instructing the jury as to the effect of defendant’s refusal to take the breath test was prejudicial. Why defendant refused to take the test was a factual issue to be considered by the jury and should not have been determined by the court. A trial court is not totally precluded from commenting on evidence during the course of trial and in charging the jury, but must guard against superseding the jury in its role as the sole fact finder. Not all refusals to submit to chemical tests are based on consciousness of guilt. For instance, ... a defendant may refuse in order to contact his attorney. The instruction given by the trial court in defendant’s case gave undue weight to the refusal and invaded the province of the jury.”

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