State v. Shively’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Kansas appellate courts after [State v. Lowry, 163 Kan. 622 , 185 P.2d 147 (1947)] have continued to disallow polygraph evidence in trials absent a stipulation of the parties. In so doing, we have noted the unreliability of the results in accurately measuring truthfulness and deceit, and that such evidence invades die unique role of the jury as truthfinder. [State v. Wakefield, 267 Kan. 116, 133 , 977 P.2d 941 (1999)]. We have continued to voice concern about die weight a juiy might place on such evidence. State v. Martin, 237 Kan. 285, 293 , 699 P.2d 486 (1985). It has also been said that polygraph evidence is considered inadmissible because the polygraph does not ‘automatically and unerringly’ disclose a lie and cannot be considered sufficiendy accurate because of die human elements involved, including die psychological and emotional makeup of the examinee and the competence of die examiner. State v. Blosser, 221 Kan. 59, 60-61 , 558 P.2d 105 (1976).” 268 Kan. at 580-81 .”

   1 later decision quote this exact passage · from the majority
   e.g. 33 Kan. App. 2d 717 - In Re the Care & Treatment of Foster

2. ““Although an abuse of discretion standard of review generally governs the admissibility of evidence, including expert testimony [citations omitted], we review a trial court’s Frye ruling de novo because the outcome of a Frye holding transcends individual cases such that applying less than a de novo standard could lead to inconsistent treatment of similarly situated claims. [Citations omitted.]” State v. Shively, 268 Kan. 573, 576 , 999 P.2d 952 (2000).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Graham

3. “[F]irst, polygraph examinations are not generally accepted as reliable in the relevant scientific community; second, juries may place undue weight on it because it stands as a kind of witness in absentia on the question of whether a witness is telling the truth, usurping the role of the jury.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. White