State v. Witte’s Empirical Analysis
1992
Citation profile
2 district · 90 state decisions
How this case has been cited
Cited by 94 later decisions — most recently February 2021 · most notably 8 Cal. 4th 587 - People v. Leahy (1994), Hulse v. State, Department of Justice (1998)
2 district · 90 state decisions — followed in 25 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
Relies on Frye v. United States · In re Jantz · State v. Superior Court · State v. Bresson · State v. Borchardt
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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““These courts have given various reasons for holding that HGN evidence is scientific in nature: The HGN test is distinguished from other field sobriety tests in that science, rather than common knowledge, provides the legitimacy for HGN testing. [Citations omitted.] Certain reactions to alcohol are so common that judicial notice will be taken of them; however, HGN testing does not fall into tins category. [Citation omitted.] HGN test results are ‘scientific evidence based on the scientific principle that consumption of alcohol causes the type of nystagmus measured by the HGN test.’ [Citation omitted.] HGN evidence could have a disproportionate impact on the jury’s decision making process because of the test’s scientific nature and because the jury may not understand the nature of the test or the methodology of its procedure. [Citations omitted.]” 251 Kan. at 321 .”
4 later decisions quote this exact passage · from the majority““If the Arizona Supreme Court had had this evidence before it, it may not have held that HGN evidence satisfies the Frye admissibility requirements. The reliability of the HGN test is not currently a settled proposition in the scientific community. This court holds that HGN evidence requires a Frye foundation for admissibility. If the Frye foundation is established to this court’s satisfaction, HGN evidence will be admitted in other cases without the need to satisfy the Frye test each time. Before this court rules on whether HGN evidence satisfies the Frye admissibility requirements, a trial court first should have an opportunity to examine, weigh, and decide disputed facts to determine whether the test is sufficiently rehable to be admissible for any purpose in Kansas.” Witte, 251 Kan. at 329-30 , 836 P.2d at 1121 .”
4 later decisions quote this exact passage · from the majority“would seem to indicate that sensitivity of HGN to alcohol is enhanced during the hours of the day when the greatest number of drunk driving arrests occur.”
4 later decisions quote this exact passage · from the majority
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.