State v. Henley’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Expert evidence is 'scientific' under OEC 702 when it is expressly presented to the jury as scientifically grounded ***. Expert evidence also is 'scientific' under OEC 702 when it 'draws its convincing force from some principle of science,' *** or 'implies a grounding in the methods and procedures of science,' and would likely be perceived by the jury as imbued with the 'persuasive appeal of science.' "”

   2 later decisions quote this exact passage
   e.g. 294 Or. App. 61 - State v. Brown · 298 Or. App. 294 - State v. Evensen

2. “[E]videntiary error does not require reversal if it is harmless-that is, if it had little likelihood of affecting the verdict.”

   2 later decisions quote this exact passage
   e.g. State v. Edmonds · State v. Bement

3. “"[T]he fact that the proponent of expert evidence at trial disclaims that the evidence is scientifically grounded does not obviate the possibility that it nevertheless constitutes 'scientific' evidence under OEC 702. Expert evidence is 'scientific' under OEC 702 when it is expressly presented to the jury as scientifically grounded * * *. Expert evidence also is 'scientific' under OEC 702 when it 'draws its convincing force from some principle of science,' * * * or 'implies a grounding in the methods and procedures of science,' and would likely be perceived by the jury as imbued with the 'persuasive appeal of science.' "”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 580 - State v. Plueard