State v. Franks’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A chemical analysis of the breath ... is admissible in any court or administrative hearing or proceeding if it meets both of the following requirements: (1) It is performed in accordance with the rules of the Department of Health and Human Services. (2) The person performing the analysis had, at the time of the analysis, a current permit issued by the Department of Health and Human Services authorizing the person to perform a test of the breath using the type of instrument employed.”

   2 later decisions quote this exact passage
   e.g. 145 N.C. App. 159 - State v. RONALD LEE ROACH · 256 N.C. App. 356 - State v. Squirewell

2. “(1) by stipulation between the defendant and the State that the individual who administers the test holds a valid permit issued by the Department of Human Resources; or (2) by offering the permit of the individual who administers the test into evidence and in the event of conviction from which an appeal is taken, by bringing forward the exhibit as a part of the record on appeal; or (3) by presenting any other evidence which shows that the individual who administered the test holds a valid permit issued by the Department of Human Resources.”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 356 - State v. Squirewell

3. “In order to satisfy the second of these requirements, it is not obligatory that a copy of the necessary permit be introduced into evidence.”

   1 later decision quote this exact passage
   e.g. 256 N.C. App. 356 - State v. Squirewell