Commonwealth v. Trainor’s Empirical Analysis

Citation profile

4 federal appellate · 45 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are not inclined to pause long to resolve whether a survey of people’s opinions is hearsay and, if it is, whether it is admissible under the state of mind exception to the hearsay rule. Numerous authorities have admitted particular surveys under that hearsay exception. [Citations.] The focus should be on the techniques employed rather than on whether hearsay is involved. [Citation.] A properly conducted public opinion survey itself adequately ensures a good measure of trustworthiness, and its admission may be necessary in the sense that no other evidence would be as good as the survey evidence or perhaps even obtainable as a practical matter. [Citations.] * ° * In certain instances, any weaknesses in the manner in which a poll was conducted might affect only the weight to be accorded the survey results rather than the admissibility of the survey in evidence.”_Mass. _,_, 374 N.E.2d 1216, 1221 .”

   1 later decision quote this exact passage
   e.g. 67 Ill. App. 3d 156 - Bradley v. Booz, Allen & Hamilton, Inc.

2. “[W]e note the absence of any indication that the willingness, the lack of willingness, or the indifference of [the survey] group to the sale of sexually explicit magazines or the showing of sexually explicit films has any relevance to any issue material to this case. ... The offer of proof made no attempt to connect an acceptance of, or an indifference to, the showing or sale of [the material which interviewees were questioned about] with whether the particular sexual conduct involved in this case was depicted or described in a patently offensive way. Perhaps many people would not object to others’ seeing such material, although they themselves regard that material as patently offensive.”

   1 later decision quote this exact passage
   e.g. 678 F. Supp. 1225 - United States v. Pryba

3. “A properly conducted public opinion survey itself adequately ensures a good measure of trustworthiness, and its admission may be necessary in the sense that no other evidence would be as good as the survey evidence or perhaps even obtainable as a practical matter.”

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