191 W. Va. 39 - Wilt v. Buracker’s Empirical Analysis
1994
Citation profile
4 federal appellate · 109 state decisions
How this case has been cited
Cited by 117 later decisions — most recently August 2017 · most notably Golden Eagle Archery, Inc. v. Jackson (2003), 192 W. Va. 165 - State v. Derr (1994)
4 federal appellate · 109 state decisions — followed in 13 states
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
Applies 28 U.S.C. § 2671
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Rock v. Arkansas · Frye v. United States · Stafford v. Oklahoma · Beech Aircraft Corp. v. Rainey
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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In analyzing the admissibility of expert testimony under Rule 702 of the West Virginia Rules of Evidence, the trial court’s initial inquiry must consider whether the testimony is based on an assertion or inference derived from the scientific methodology. Moreover, the testimony must be relevant to a fact at issue. Further assessment should then be made in regard to the expert testimony’s reliability by considering its underlying scientific methodology and reasoning. This includes an assessment of (a) whether the scientific theory and its conclusion can be and have been tested; (b) whether the scientific theory has been subjected to peer review and publication; (c) whether the scientific theory’s actual or potential rate of error is known; and (d) whether the scientific theory is generally accepted within the scientific community.”
15 later decisions quote this exact passage“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.”
8 later decisions quote this exact passage · from the dissent“‘That the Frye test was displaced by the Rules of Evidence does not mean, however, that the Rules themselves place no limits on the admissibility of purportedly scientific evidence. Nor is the trial judge disabled from screening such evidence. To the contrary, under the Rules the trial judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable.’ The Second Circuit has held that ‘the results of polygraph examinations are not admissible in this Circuit’_ [T]he district court determined that ‘it did not believe polygraph tests were sufficiently reliable to warrant the admission of results in evidence’.... Nothing in Daubert changes the rationale set forth in ... [pri- or decisions]. The polygraph test is simply not sufficiently rehable to be admissible.”
2 later decisions quote this exact passage
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.