State v. Souel’s Empirical Analysis

Citation profile

12 federal appellate · 188 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 205 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The prosecuting attorney, defendant and his counsel must sign a written stipulation providing for defendant's submission to the test and for the subsequent admission at trial of the graphs and the examiner's opinion thereon on behalf of either defendant or the state. (2) Notwithstanding the stipulation, the admissibility of the test results is subject to the discretion of the trial judge, and if the trial judge is not convinced that the examiner is qualified or that the test was conducted under proper conditions he may refuse to accept such evidence. (3) If the graphs and examiner's opinion are offered in evidence the opposing party shall have the right to cross-examine the examiner respecting: (a) the examiner's qualifications and training; (b) the conditions under which the test was administered; (c) the limitations of and possibilities for error in the technique of polygraphic interrogation; and, (d) at the discretion of the trial judge, any other matter deemed pertinent to the inquiry. (4) If such evidence is admitted the trial judge should instruct the jury to the effect that the examiner's testimony does not tend to prove or disprove any element of the crime with which a defendant is charged, and that it is for the jurors to determine what weight and effect such testimony should be given.”

   15 later decisions quote this exact passage
   e.g. State v. Evans, 07ca009274 (8-25-2008) · State v. Fulton, Unpublished Decision (10-13-2003)

2. “results of a polygraphic examination are admissible in evidence in a criminal trial for purposes of corroboration or impeachment”

   2 later decisions quote this exact passage
   e.g. State v. Gibson, Unpublished Decision (10-24-2003) · Ross v. Ross, Unpublished Decision (8-18-2006)

3. “{¶ 20} In his third assignment of error, Defendant argues that the trial court erred when it denied his efforts to have the results of a polygraph test admitted into evidence. Defendant argues that other jurisdictions have admitted, or considered the possibility of admitting, polygraph test results in the absence of a stipulation between parties. We find this argument to be meritless. {¶ 21} As discussed above, the standard of review is abuse of discretion. Therefore, we will not overturn a trial court's decision unless there was a”

   1 later decision quote this exact passage
   e.g. State v. Roper, Unpublished Decision (11-30-2005)