Fensterer v. State’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Committee believed that F.R.E. 705 adopts an improper approach in that it would permit an expert witness to testify without first establishing the facts and data upon which he bases his opinion. Rule 705 as revised by the Committee normally requires an expert witness to first establish what his opinion is based upon. The judge, in his discretion, may permit voir dire examination in the presence of or out of the presence of the jury to ascertain if there are sufficient underlying facts or data in the record to permit the expert to testify as to his opinion. * * * * * * The Committee believed that it is usually preferable to have an expert establish the factual basis of his' testimony prior to his giving his opinion rather than leaving it to be elicited by cross-examination.”

   1 later decision quote this exact passage · from the majority
   e.g. Re v. State