Cirillo v. Davis’s Empirical Analysis
1999
Citation profile
7 state decisions
Relationships
Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · State v. Boyd · 392 So. 2d 13 - Kauffmann v. Baker · 707 So. 2d 827 - Wagner v. State · Alderman v. Tyndall Federal Credit Union
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As we have explained: Relying on cases from other jurisdictions, as well as treatises on evidence, the first district concluded that the videotape was admissible. The court applied the “silent witness” theory, explained in John Henry Wigmore, 3 Evidence in Trials at Common Law § 790, at 219-20 (Chadbourn rev.1970) as follows: With later advancements in the art of photography, however, and with increasing awareness of the manifold evidentiary uses of the products of the art, it has become clear that an additional theory of admissibility of photographs is entitled to recognition. Thus, even though no human is ’capable of swearing that he personally perceived what a photograph purports to portray (so that it is not possible to satisfy the requirements of the “pictorial testimony” rationale) there may nevertheless be good warrant for receiving the photograph in evidence. Given an adequate foundation assuring the accuracy of the process producing, it, the photograph should then be received as a so-called silent witness or as a witness which “speaks for itself.””
1 later decision quote this exact passage
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.