Gibson v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “prior intoxication-related offenses, whether they are felonies or misdemeanors, serve the purpose of establishing whether the instant offense qualifies as felony driving while intoxicated. The prior intoxication-related offenses are elements of the offense of driving while intoxicated. They define the offense as a felony and are admitted into evidence as part of the State’s proof of its case-in-chief during the guilt-innocence stage of the trial.”

   3 later decisions quote this exact passage · from the majority
   e.g. Bryant v. State · Martin v. State

2. “Class A and B misdemeanor driving while intoxicated offenses are tried in the county courts .... Felony driving while intoxicated offenses are tried in either the district courts or the criminal district courts.”

   1 later decision quote this exact passage · from the majority
   e.g. Oliva v. State

3. “a felony offense other than a state jail felony”

   1 later decision quote this exact passage · from the majority
   e.g. Campbell v. State