State v. Swinton’s Empirical Analysis

Citation profile

2 district · 73 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “mere 'reproductions' " and thus governed by a different foundational standard that only required the testifying witness to be able to verify that the photograph is "a fair and accurate representation of what it depicts.”

   2 later decisions quote this exact passage
   e.g. State v. Gwynne · 180 Conn. App. 291 - State v. Walker

2. “[I]n order to establish reversible error on an evidentiary impropriety, the defendant must prove both an abuse of discretion and a harm that resulted from such abuse.”

   2 later decisions quote this exact passage
   e.g. 164 Conn. App. 406 - State v. Gilligan · State v. Taupier

3. ““The function of computer programs like TRACE ‘is to perform rapidly and accurately an extensive series of computations not readily accomplished without use of a computer.’ We permit experts to base their testimony on calculations performed by hand. There is no reason to prevent them from performing the same calculations, with far greater rapidity and accuracy, on a computer. Therefore ... we treat computer-generated models or simulations like other scientific tests, and condition admissibility on a sufficient showing that: (1) the computer is functioning properly; (2) the input and underlying equations are sufficiently complete and accurate (and disclosed to the opposing party, so that they may challenge them); and (3) the program is generally accepted by the appropriate community of scientists.””

   1 later decision quote this exact passage · from the dissent
   e.g. Lorraine v. Markel American Insurance