United States v. McDaniel’s Empirical Analysis

Citation profile

26 federal appellate · 6 district · 30 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Unfortunately, however, the overwhelming weight of judicial precedent upon which the trial judge relied has evolved outside this judicial circuit. Appellant predictably relies on United States v. Addison, 162 U. S. App. D. C. 199, 498 F. 2d 741 (1974), in which a division of this court recently held that ‘techniques of speaker identification by spectrogram comparison have not attained the general acceptance of the scientific community to the degree required in this jurisdiction by Frye [v. United States, 54 U.S. App. D.C. 46 , 293 F. 1013 (1923)].’ Id. at 745. Admittedly, Addison was decided almost two years ago, at a time when the new technique may have been less widely accepted than today. Since Addison , numerous other courts have examined the question of whether so-called voiceprints are sufficiently reliable to justify their admissibility, and all but a few have concluded that they are. It may well be that the time has come to reexamine the holding of Addison in light of the apparently increased reliability and general acceptance in the scientific community of using spectrographic analysis techniques for voice identification purposes.” 538 F. 2d at 412-13 . “Because Addison was so recently decided, its shadow looms over our consideration of this issue. The reliability of spectrographic voice identification and its general acceptability within the scientific community may have changed so dramatically in the past two years that we may explain that earlier opinion as a ref”

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

2. “10 Houston L.Rev. 85 (1972) (Admissible); Comment, “The Evidentiary Value of Spectrographic Voice Identification,” 63 J.Crim.L.C. & P.S. 343 (1972) (Admissible); Comment, “The Voiceprint Dilemma: Should Voices Be Seen and Not Heard?,” 35 Md.L.Rev. 267 (1975) (Inadmissible); Comment, “The Admissibility of Voiceprint Evidence,” 14 S.D. L.Rev. 129 (1969) (Admissible); Comment,”

   1 later decision quote this exact passage · from the majority
   e.g. Windmere, Inc. v. International Insurance

3. “Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Briscoe