State v. McLean’s Empirical Analysis

Citation profile

2 federal appellate · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) is rationally based on the perception of the witness and (b) will assist in understanding the witness' testimony or in determining a fact in issue.”

   6 later decisions quote this exact passage · from the majority
   e.g. State of New Jersey v. Michael D. Miller · 460 N.J. Super. 75 - State v. Tung

2. “Testimony of that type includes no opinion, lay or expert, and does not convey information about what the officer 'believed,' 'thought' or 'suspected,' but instead is an ordinary fact-based recitation by a witness with first-hand knowledge.”

   2 later decisions quote this exact passage · from the majority
   e.g. State of New Jersey v. Michael D. Miller · 460 N.J. Super. 75 - State v. Tung

3. “[t]he Rule does not permit a witness to offer a lay opinion on a matter 'not within [the witness's] direct ken . . . and as to which the jury is as competent as he [or she] to form a conclusion[.]'”

   2 later decisions quote this exact passage · from the majority
   e.g. State of New Jersey v. Alfred J. Smith · 451 N.J. Super. 429 - State v. Hyman