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← 923 SW2D 21 - Atkinson v. State

Atkinson v. State’s Empirical Analysis

1996

Citation profile

49
cited by 49 later decisions
1
states following
February 2019
most recently cited

47 state decisions

How this case has been cited

Cited by 49 later decisions — most recently February 2019 · most notably Motilla v. State (2002), Posey v. State (1998)

47 state decisions

270199620002010decided

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 Caldwell v. State · Slagle v. State · Ray v. State · Atkinson v. State · Kaufman v. State

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

  1. “[I]f [it] believes, or has a reasonable doubt, that the evidence was obtained in violation of ... any provisions of the Constitution or laws of the State of Texas, or the Constitution or laws of the United States of America, ... then and in such event, the jury shall disregard any such evidence so obtained.”
    4 later decisions quote this exact passage · from the dissent
  2. “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 [P]ublic 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) cheeking 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 yon 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 further in your deliberations.”
    1 later decision quote this exact passage · from the dissent

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.