State v. Smith

How courts have described this case

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

• Holding that Breathalyzer certifications are admissible in criminal cases under OEC 803(8)(b) as public records and that the certifications do not stem from “the adversarial context of a particular case that might cloud law enforcement personnel’s perception.”
• stating that certificates of breathalyzer inspections relate to “the routine function of testing breathalyzer equipment to insure that it gives accurate readings”
• adopting the ministerial exception under OEC 803(8) and admitting breathalyzer records
• public records of routine ministerial and nonadversarial observations satisfies the public records and reports exception to hearsay rule in OEC 803(8
• public records of routine ministerial and nonadversarial observations satisfies the public records and reports exception to hearsay rule in OEC 803(8
• certificates of breathalyzer inspections relate to “the routine function of testing breathalyzer equipment to insure that it gives accurate readings”

Source: CourtListener parenthetical corpus (CC0).

Cited by

18 cases in this archive cite this case.

• People v. McClanahan
  Illinois Supreme Court· 2000-04-20· cited 118×
• State v. Norman
  Court of Appeals of Oregon· 2005-12-07· cited 38×
• State v. Hancock
  Oregon Supreme Court· 1993-07-01· cited 36×
• State v. Edmonds
  Oregon Supreme Court· 2019-02-28· cited 21×
• State v. Conway
  Court of Appeals of Oregon· 1984-11-14· cited 17×
• State v. Ofa
  Hawaii Intermediate Court of Appeals· 1992-03-25· cited 16×
• Frady v. Frady
  Court of Appeals of Oregon· 2002-12-04· cited 14×
• State v. Dilliner
  West Virginia Supreme Court· 2002-07-26· cited 11×
• Steiner v. State
  Court of Criminal Appeals of Alabama· 1997-09-26· cited 9×
• Bransford v. State Taxation & Revenue Department
  New Mexico Court of Appeals· 1998-04-30· cited 8×
• State v. Scally
  Court of Appeals of Oregon· 1988-07-13· cited 8×
• State v. Stoner
  Court of Appeals of Oregon· 1986-01-29· cited 4×
• State v. Davis.
  Hawaii Supreme Court· 2017-05-15· cited 3×
• State v. Spencer
  Court of Appeals of Oregon· 1986-11-12· cited 3×
• State v. Cantwell
  Court of Appeals of Oregon· 2023-02-01· cited 3×
• State v. Sparks
  Court of Appeals of Oregon· 1984-02-01· cited 2×
• State v. Bigej
  Court of Appeals of Oregon· 1985-12-18· cited 1×
• State v. Barber
  Court of Appeals of Oregon· 2006-12-13

Cites

6 cases in this archive are cited by this case.

• University of Oregon Co-Operative Store v. Department of Revenue
  Oregon Supreme Court· 1975-11-20· cited 52×
• Karsun v. Kelley
  Oregon Supreme Court· 1971-03-10· cited 35×
• Everts v. Holtmann
  Court of Appeals of Oregon· 1983-08-03· cited 21×
• State v. Woodward
  Court of Appeals of Oregon· 1969-12-18· cited 16×
• Santiam Fish & Game Ass'n v. State Tax Commission
  Oregon Supreme Court· 1962-01-17· cited 12×
• State v. Coffman
  Court of Appeals of Oregon· 1972-11-10· cited 8×