State v. Whaley’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 38 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Carol Langendoen testified at trial that she had completed a forty-hour training course that was nationally recognized and accepted in the field of “Finding Words.” The purpose of the course was to train social workers how to conduct forensic intexwiews of children suspected of having been sexually or physically abused, or who have witnessed a violent crime. The “Finding Words” protocol is designed to help intexviewers to interview child witnesses in such a way as to avoid suggesting facts or testimony to the child. Langendoen stated that she had performed 134 intexviews on children, and had completed 126 training hours in forensic interviewing, and some 215 hours in training for child abuse cases generally. Langendoen further testified that she had attended over 340 hours of continuing education in the field of child abuse, and in forensic interviewing specifically. ... We ... find that there was a credible basis for accepting Langendoen as an expert in the area of forensic intemewing. The admission of Langendoen’s testimony was within the sound discretion of the trial court, and no abuse of that discretion is evident.”

   2 later decisions quote this exact passage
   e.g. State v. Douglas · State v. Simpson

2. “[A]n expert’s testimony is admissible where ... the main issue is the identity of the perpetrator, the sole evidence of identity is eyewitness identification, and the identification is not substantially corroborated by evidence giving it independent reliability.”

   2 later decisions quote this exact passage
   e.g. State v. Frazier · United States v. Brown

3. “The admissibility of scientific evidence depends upon “the degree to which the trier of fact must accept, on faith, scientific hypotheses not capable of proof or disproof in court and not even generally accepted outside the courtroom.” State v. Jones, 273 S.C. 723 , 259 S.E.2d 120 (1979) (emphasis added). Dr. Cole’s testimony, however, is distinguishable from “scientific” evidence, such as DNA test results, blood spatter interpretation, and bite mark comparisons. An eyewitness identification witness gives expert opinion evidence similar to the type given by doctors or psychiatrists. Where the witness is a qualified psychologist who simply explains how certain aspects of every day experience shown by the record can affect human perception and memory, and through them, the accuracy of eyewitness identification, we see no reason to require a greater foundation. People v. McDonald, 37 Cal.3d 351 , 208 Cal.Rptr. 236 , 690 P.2d 709 (1984). Consequently, we are not persuaded that this type of testimony is required to meet the Jones test.”

   1 later decision quote this exact passage
   e.g. State v. Douglas