Alsbach v. Bader’s Empirical Analysis
1985
Citation profile
8 federal appellate · 27 state decisions
How this case has been cited
Cited by 40 later decisions (1 by the Supreme Court) — most recently December 2012 · most notably Rock v. Arkansas (1987), State v. Johnston (1988)
8 federal appellate · 27 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 Frye v. United States · Cincinnati Milacron Chemicals, Inc. v. Blankenship · Roberts v. Louisiana · Monks v. New Jersey · 31 Cal. 3d 18 - People v. Shirley
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““... while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.””
2 later decisions quote this exact passage“(1) The hypnotic session shall be conducted by an impartial licensed psychiatrist or psychologist trained in the use of hypnosis and thus aware of its possible effects on memory so as to aid the prevention of improper suggestions and confabulation. Appointment of the psychiatrist or psychologist should first be approved by the trial court_ (2) Information given to the hypnotist by either party concerning the case should be noted, preferably in written form, so that the extent of information the subject received from the hypnotist may be determined. (3) Before hypnosis, the hypnotist should obtain a detailed description of the facts from the subject, avoiding adding new elements to the subject’s description. (4) The session should be recorded so a permanent record is available to ensure against suggestive procedures; Videotape is a preferable method of recordation. (5) Preferably, only the hypnotist and subject should be present during any phase of the hypnotic session, but other persons should be allowed to attend if their attendance can be shown to be essential and steps are taken to prevent their influencing the results of the session.”
1 later decision quote this exact passagee.g. Little v. Armontrout“Hypnotically induced testimony in its current state does not meet the [Frye v. United States, 293 F. 1013 (D.C.Cir. 1923) ] and [State v. Biddle, 599 S.W.2d 182 (Mo. banc 1980) ] standards of reliability and accuracy. It has not yet achieved the status of general acceptance in a relevant scientific community as a reliable means of restoring recollection. Although recognized to be a valid therapeutic technique, it cannot be said that hypnosis is recognized as a valid fact-finding tool.”
1 later decision quote this exact passagee.g. State v. Blackman
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.