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← 290 So. 2d 273 - State v. Fallon

290 So. 2d 273 - State v. Fallon’s Empirical Analysis

1974

Citation profile

77
cited by 77 later decisions
2
states following
March 2019
most recently cited

77 state decisions

How this case has been cited

Cited by 77 later decisions — most recently March 2019 · most notably State v. Prestridge (1981), 622 So. 2d 198 - State v. Bourque (1993)

77 state decisions

36019741980199020002010decided

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 Witherspoon v. Illinois · Furman v. Georgia · Rodriguez v. New York · Safeway Stores, Inc. v. Oklahoma Retail Grocers Ass'n · Phillips Chemical Co. v. Dumas Independent School District

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

  1. “"The character of the evidence upon which an expert bases his opinion is ordinarily a matter which affects the weight to be accorded the expert's opinion. It has no bearing upon the admissibility of the evidence. Accordingly, doctors may refer to reports on the patient prepared by other doctors or nurses as a basis for their expert medical opinion."”
    5 later decisions quote this exact passage · from the majority
  2. “"Notwithstanding the general rule against leading questions, the matter is largely within the discretion of the trial court, which may allow such questions to be put to a witness when it deems such course necessary or advisable, or refuse to allow such questions where the circumstances do not seem to require such mode of examination; and in the absence of palpable abuse of discretion resulting in prejudice to the accused, reversible error cannot be predicated upon a ruling of the trial court allowing leading questions. State v. Hollingsworth, 160 La. 26 , 106 So. 662 (1925). And to warrant consideration on review, an objection to a leading question should point out contemporaneously the harm and prejudice the accused will suffer by permitting the question. State v. Smith, 193 La. 665 , 192 So. 92 (1939); State v. Antoine, 189 La. 619 , 180 So. 465 (1938); McCormick's Handbook of the Law of Evidence § 6 (2d ed. 1972)."”
    1 later decision quote this exact passage · from the majority
  3. “"The judge in the presence of the jury shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved or refuted."”
    1 later decision quote this exact passage

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.