Borawick v. Shay’s Empirical Analysis
68 F.3d 597 · 1995
Citation profile
5 federal appellate · 5 district · 5 state decisions
How this case has been cited
Cited by 62 later decisions — most recently March 2018 · most notably Richard Goebel v. Denver and Rio Grande Western Railroad Company (2000), State v. Morant (1997)
5 federal appellate · 5 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Soberon v. United States · Rock v. Arkansas · Frye v. United States · Daniel v. Security Pacific National Bank
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ 0]ur decision today is informed by the principles underlying the Supreme Court’s holding [in Daubert ]. First, by loosening the strictures on scientific evidence set by Frye, Daubert reinforces the idea that there should be a presumption of admissibility of evidence. Second, it emphasizes the need for flexibility in assessing whether evidence is admissible. Rather than using rigid “safeguards” for determining whether testimony should be admitted, the Court’s approach is to permit the trial judge to weigh the various considerations pertinent to the issue in question. Third, Daubert allows for the admissibility of scientific evidence, even if not generally accepted in the relevant scientific community, provided its reliability has independent support. Finally, the Court expressed its faith in the power of the adversary system to test “shaky but admissible” evidence and advanced a bias in favor of admitting evidence short of that solidly and indisputably proven to be reliable.”
6 later decisions quote this exact passage · from the majority“[A] temporary condition of altered attention in the subject which may be induced by another person and in which a variety of phenomena may appear spontaneously or in response to [verbal] or other stimuli. These phenomena include alterations in consciousness and memory, increased susceptibility to suggestion, and the production in the subject of responses and ideas unfamiliar to him in his usual state of mind.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.