Brim v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “) ("[A] trial judge involved in a Frye hearing must listen to the scientific evidence and resolve any disputed question of fact using the same method employed in any other nonjury hearing.”

   4 later decisions quote this exact passage
   e.g. Kaelbel Wholesale, Inc. v. Soderstrom · 808 So. 2d 145 - Darling v. State

2. “). To conduct such a de novo review, we must examine "expert testimony, scientific and legal writings, and judicial opinions”

   4 later decisions quote this exact passage
   e.g. 816 So. 2d 1113 - Holy Cross Hosp., Inc. v. Marrone · 808 So. 2d 145 - Darling v. State

3. “) (citation and footnote omitted). Finally, as Judge Altenbernd noted, "the trial court cannot base its decision to accept scientific testimony purely on the credibility of an expert witness who does not explain his or her reasoning in considerable detail. Due to the unusual de novo standard of review, this court is not authorized to defer to the trial court on these issues.”

   1 later decision quote this exact passage
   e.g. Kaelbel Wholesale, Inc. v. Soderstrom