Atkinson v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““You are instructed that under our law in order to be considered valid, a chemical test must be performed according to the rules and regulations governing such test by the Department of Public Safety concerning proper techniques and methodology- “Included in those regulations are: (1) continuous observation of the person tested for a minimum of fifteen (15) minutes prior to the actual test; (2) operating the reference sample device by blowing through it to see that the bubbling is reduced; (3) checking the temperature to determine if it is 34 degrees plus or minus 2 degrees; (4) keeping the breath tube housed inside the machine until the subject is required to give a sample. “If you have found beyond a reasonable doubt that each of these regulations were complied with you may consider such test and give it whatever weight that you choose. “If you do not so find or if you have a reasonable doubt as to whether these regulations were complied with you may not consider said test for any purpose and shall not refer to it in your deliberations.” Atkinson v. State, 871 S.W.2d 252, 253 (Tex.App.— Ft. Worth 1994).”

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

2. “Questions concerning the accuracy or procedure used in administering a scientific test go to the weight given to the test’s result, not to its admissibility. In addition, an instruction such as the one the appellant requested would have been an improper comment on the weight of the evidence.”

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