289 Ill. App. 3d 326 - People v. Kirk’s Empirical Analysis

Citation profile

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

1. “Reliance upon other courts' opinions can be problematic: "Unless the question of general acceptance has been thoroughly and thoughtfully litigated in the previous cases, ... reliance on judicial practice is a hollow ritual." McCormick § 203, at 870 n. 20. For example, McCormick cites Glover v. State, 787 S.W. 2d 544 (Tex.App.1990), as a case where the court held that DNA fingerprinting enjoys general acceptance following a hearing in which defendant produced no expert testimony. In reaching its decision, the Glover court relied upon other cases in which no defense experts were available. McCormick § 203, at 870 n. 20. " `[J]udicial notice could become a yellow brick road for judicial acceptance of bogus or at least unvalidated scientific theories or techniques.'" McCormick § 203, at 870 n. 20, quoting J. Starrs, Frye v. United States Restructured and Revitalized: A Proposal to Amend Federal Evidence Rule 702, 115 F.R.D. 92 , 97 (1987). The State's evidence in Blake consisted of four witnesses: one research psychologist and three police officers. The defendant did not present any evidence. The Blake court relied upon its own research of relevant articles. While the Blake defendant "won" the Frye hearing at the trial court level, that decision was reversed by the appellate court. Blake is questionable authority for the proposition that the HGN test meets the Frye standard in Illinois courts.”

   1 later decision quote this exact passage · from the majority
   e.g. 334 N.J. Super. 530 - State v. Doriguzzi

2. ““The expert retained by the prosecution in Blake, Dr. Burns, was the individual who conducted the study that led to the NHTSA’s adoption of the HGN test. Police departments, in turn, have adopted the NHTSA’s recommendations. In Blake, Dr. Burns supported the proposition that the HGN test is accepted and reliable, in part, by relying upon the NHTSA’s manual and the fact that the test is used by different police departments. By doing so, however, she in essence referred back to her own conclusions, magnifying the opportunity for error. We do not say that Dr. Burns’ conclusions on the subject are flawed, only that the issue has not been fully and thoroughly litigated. The proper place for this litigation is in the trial court, and it was error to admit the HGN test evidence without a proper Frye hearing.” Kirk, 289 Ill. App. 3d at 333-34 .”

   1 later decision quote this exact passage · from the majority
   e.g. 226 Ill. 2d 245 - People v. McKown

3. ““Newness alone is not a bar to admissibility, for every scientific technique that is eventually accepted must have its first day in court. Moreover, neither lack of absolute certainty nor lack of uniformity of expert opinion precludes a court from finding on the basis of expert witness testimony and other evidence admitted at trial that *** the scientific test’s reliability is, or clearly would be when brought to the attention of the appropriate experts, generally accepted in the particular scientific field in which the test belongs.” M. Graham, Cleary & Graham’s Handbook of Illinois Evidence § 702.4, at 563 (6th ed. 1994).”

   1 later decision quote this exact passage · from the majority
   e.g. 317 Ill. App. 3d 754 - Mitchell v. Palos Community Hospital