Powell v. State’s Empirical Analysis

Citation profile

29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “ninety-nine percent of the alleged victims involved in sexual abuse treatment programs in which she was also involved 'have told the truth.' " ( Id . at p. 278 ; Brooks , supra , 64 M.J. at p. 329 .) The court in Powell reasoned that the testimony "deprived [the defendant] of his right to have his fate determined by a jury making the credibility determinations, so clearly crucial in these cases, without guidance from an expert, in stark mathematical terms, bolstering the credibility of the complainant and thereby impugning his credibility. ( Powell , at pp. 279-280 ; see Wheat v. State (Del. 1987) 527 A.2d 269 , 274-275 [in providing "statistical evaluation of complainant's present veracity,”

   3 later decisions quote this exact passage
   e.g. People v. Wilson · 829 So. 2d 29 - Kolberg v. State

2. “RULE 702. TESTIMONY BY EXPERTS. 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.”

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

3. ““plain,” i.e. so prejudicial to substantial rights as to jeopardize the fairness and integrity of the trial process. The error must be material, apparent on the face of the record, fundamental in its character, and must clearly deprive an accused of a substantial right or show manifest injustice.”

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