McMullen v. State’s Empirical Analysis
1998
Citation profile
1 federal appellate · 37 state decisions
How this case has been cited
Cited by 39 later decisions — most recently May 2018 · most notably 934 So. 2d 1100 - Simmons v. State (2006), 975 So. 2d 1090 - Green v. State (2008)
1 federal appellate · 37 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. · Great State Beverages, Inc. v. Wenners · Attwood v. Singletary · Osborne v. Brown · United States v. Virginia
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“assist the trier of fact in understanding the evidence or determining a fact in issue.”
3 later decisions quote this exact passage · from the majority“In this case I would approve of the discretionary use of expert testimony about psychological factors that may affect eyewitness identification . . . to give effect to the intent expressed in section 90.702. Further, . . . while the question of admissibility of such expert testimony should be left to the sound discretion of the trial judge, I would attach the . . . caveat that the trial judge must exercise his or her discretion in furtherance of section 90.702's "helpfulness" standard. In considering a proffer of such evidence the trial court should be aware that it has the discretion to admit the evidence. It should be careful in assessing the qualifications of the expert presented as well as in making an evaluation of the helpfulness of the proffered testimony compared to the risk that it may cause juror confusion.”
1 later decision quote this exact passage · from the concurrence“A trial court has wide discretion concerning the admissibility of evidence and the range of subjects about which an expert can testify. Jent v. State, 408 So.2d 1024 (Fla.1981), cert. denied, 457 U.S. 1111 , 102 S.Ct. 2916 , 73 L.Ed.2d 1322 (1982); Johnson v. State, 393 So.2d 1069 (Fla.1980), cert. denied, 454 U.S. 882, 102 S.Ct. 364 , 70 L.Ed.2d 191 (1981). Expert testimony should be excluded when the facts testified to are of such nature as not to require any special knowledge or experience in order for the jury to form its conclusions. We hold that a jury is fully capable of assessing a witness' ability to perceive and remember, given the assistance of cross-examination and cautionary instructions, without the aid of expert testimony.”
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.