State v. Council’s Empirical Analysis

Citation profile

2 federal appellate · 139 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 142 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the publications and peer review of the technique; (2) prior application of the method to the type of evidence involved in the case; (3) the quality control procedures used to ensure reliability; and (4) the consistency of the method with recognized scientific laws and procedures.”

   7 later decisions quote this exact passage
   e.g. State v. Mealor · State v. Jones

2. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”

   5 later decisions quote this exact passage · from the dissent
   e.g. State v. Jones · State v. Ramsey

3. “The Sixth Amendment right to counsel attaches when adversarial judicial proceedings have been initiated and at all critical stages. The Sixth Amendment right attaches only “post-indictment,” at least in the questioning/statement setting. When the Sixth Amendment right to counsel has attached, if police initiate interrogation after a defendant’s assertion, at an arraignment or other similar proceedings, of his right to counsel, any waiver of the defendant’s right to counsel for that police initiated interrogation is invalid unless the defendant initiates the contact himself.”

   2 later decisions quote this exact passage
   e.g. State v. Cope · State v. Anderson