State v. Spry’s Empirical Analysis
1973
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently October 2002 · most notably State v. Cannon (1975), State v. Logue (1985)
39 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Schmerber v. State of California · 63 Cal. 2d 659 - People v. Cockrell · Klingler v. United States · State v. Cooke · 45 Wis. 2d 111 - Rabata v. Dohner
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“opinion was not objectionable as ‘usurping the province of the jury’ merely because it embraced an ultimate issue of fact. This is the modern and logical view. See 31 Am.Jur.2d Expert and Opinion Evidence § 22 (1967). The writer states: ‘Logically, there would appear to be no wrongful invasion of the province of the jury in permitting an expert to express his opinion upon an ultimate fact in a case where expert opinion is necessary to assist the jury in reaching the right determination. In such case, as in the case of an eyewitness to a decisive fact, if the jury are satisfied of the trustworthiness of the evidence, the evidence may be conclusive of the issue, but they are not bound to accept the opinion or to render the verdict according to it.’”
1 later decision quote this exact passagee.g. State v. Logue““provides in substance that when a police officer has reasonable grounds to believe that a person has been driving under the influence of alcohol and has been charged with a traffic violation, the officer can request that such person submit to a chemical analysis of his blood. It also provides that consent to submit to the test is implied from the fact of his driving.””
1 later decision quote this exact passagee.g. State v. Buckingham“However, the `presumption' created by SDCL 32-23-7 is more than a procedural rule. The word `presumption' within the statute is used in the sense of a permissive inference or prima facie proof. * * * Accordingly, the jury should be instructed concerning the presumption of intoxication wherever properly administered test results are available.”
1 later decision quote this exact passagee.g. State v. Heisinger
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.