State v. Fuller’s Empirical Analysis

Citation profile

2 district · 64 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]o witness, lay or expert, may testify to his opinion as to the guilt of a defendant, whether by direct statement or reference.... In general, [t]estimony is objectionable if it embraces an opinion on the ultimate issue to be decided by the trier of fact.... Whether a statement of a witness is one of fact or of conclusion or opinion within the rule excluding opinion evidence is to be determined by the substance of the statement rather than its form. The use of phraseology appropriate to the expression of an inference, such as believe, think, etc., may in fact signify an opinion which renders the statement inadmissible; but the use of such terms is not conclusive that the witness is stating his opinion, for the language may be used merely to indicate that he is not speaking with entire certainty, in which case the evidence may be received for what it is worth.”

   1 later decision quote this exact passage
   e.g. 189 Conn. App. 667 - Cancel v. Commissioner of Correction

2. “An opinion, by definition, consists of [e]vidence of what the witness thinks, believes, or infers in regard to facts in dispute.”

   1 later decision quote this exact passage
   e.g. 189 Conn. App. 667 - Cancel v. Commissioner of Correction