Robertson v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when State fails to comply with administrative rules and statutory provisions governing approved testing methods, test results are admissible if State lays the common law predicate
• paraphrasing an analogous Iowa case and explaining that “[t]he same is true of Florida’s implied consent law”
• test results of blood drawn for exclusively medical purposes are outside the scope of the Implied Consent Law, and may be seized and used as evidence in DUI prosecutions
• following State v. Wallin, 195 N.W.2d 95, 98 (Iowa 1972)
• “[T]he implied consent statute ... applies] only when blood is being taken from a person based on probable cause that the person has caused death or serious bodily injury as a result of a DUI offense specified in the statutes.”
• the party seeking to introduce test results must establish: (1) the test was reliable, (2) the test was performed by a qualified operator with the proper equipment, and (3) expert testimony must be presented concerning the meaning of the test

Source: CourtListener parenthetical corpus (CC0).

Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

• State v. Johnson
  Supreme Court of Florida· 2002-03-21· cited 46×
• State v. Miles
  Supreme Court of Florida· 2000-11-30· cited 39×
• State v. Bodden
  Supreme Court of Florida· 2004-04-15· cited 39×
• State v. Rutherford
  District Court of Appeal of Florida· 1998-02-04· cited 29×
• Cardenas v. State
  Supreme Court of Florida· 2004-02-26· cited 26×
• State v. Slaney
  District Court of Appeal of Florida· 1995-03-22· cited 18×
• Freddie Beckham, III v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2017-05-30· cited 17×
• State v. Miles
  District Court of Appeal of Florida· 1999-01-27· cited 13×
• Rafferty v. State
  District Court of Appeal of Florida· 2001-08-01· cited 12×
• Leveritt v. State
  District Court of Appeal of Florida· 2002-05-07· cited 12×
• Carter v. State
  District Court of Appeal of Florida· 1998-04-15· cited 12×
• Mehl v. State
  Supreme Court of Florida· 1993-09-16· cited 11×
• State v. Bastos
  District Court of Appeal of Florida· 2008-06-11· cited 11×
• State v. Geiss
  District Court of Appeal of Florida· 2011-07-22· cited 11×
• State v. Murray
  District Court of Appeal of Florida· 2011-01-07· cited 11×
• Michie v. State
  District Court of Appeal of Florida· 1994-03-02· cited 10×
• Tyner v. State
  District Court of Appeal of Florida· 2001-09-12· cited 10×
• Cameron v. State
  District Court of Appeal of Florida· 2001-07-18· cited 10×
• State v. Berger
  District Court of Appeal of Florida· 1992-08-26· cited 10×
• State v. Friedrich
  District Court of Appeal of Florida· 1996-09-12· cited 10×

Cites

14 cases in this archive are cited by this case.

• Schmerber v. California
  Supreme Court· 1966-06-20· cited 6,067×
• Richardson v. State
  Supreme Court of Florida· 1971-03-31· cited 927×
• State v. Bender
  Supreme Court of Florida· 1980-04-03· cited 104×
• State v. Wallin
  Supreme Court of Iowa· 1972-02-25· cited 70×
• State v. Donaldson
  Supreme Court of Florida· 1991-05-09· cited 24×
• State v. Gillman
  Supreme Court of Florida· 1980-11-06· cited 23×
• State v. Wills
  District Court of Appeal of Florida· 1978-06-07· cited 22×
• State v. Shelton
  Supreme Court of Iowa· 1970-04-07· cited 21×
• State v. Strong
  Supreme Court of Florida· 1987-04-02· cited 20×
• State v. Roose
  District Court of Appeal of Florida· 1984-03-13· cited 12×
• State v. Quartararo
  District Court of Appeal of Florida· 1988-01-27· cited 7×
• Donaldson v. State
  District Court of Appeal of Florida· 1990-05-09· cited 7×
• Albritton v. State
  District Court of Appeal of Florida· 1990-05-10· cited 5×
• Robertson v. State
  District Court of Appeal of Florida· 1990-11-08· cited 2×