Erwin v. Todd’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The facts or data upon, which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or, data need not be admissible in evidence. Facts or data that are otherwise inadmissible may not be disclosed to the jury by the- proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.”

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

2. “Under section 90.706, ... authoritative publications can only be used during the cross-examination of an expert and not to bolster the credibility of an expert or to supplement an opinion of the doctor which has already been formed.”

   1 later decision quote this exact passage
   e.g. 861 So. 2d 53 - Donshik v. Sherman

3. “may not merely be used as a conduit for the introduction of the otherwise inadmissible evidence.”

   1 later decision quote this exact passage
   e.g. 946 So. 2d 1032 - Linn v. Fossum