McQueen v. Garrison’s Empirical Analysis
814 F.2d 951 · 1987
Citation profile
8 federal appellate · 9 state decisions
How this case has been cited
Cited by 26 later decisions (1 by the Supreme Court) — most recently February 2015 · most notably Rock v. Arkansas (1987), State v. Johnston (1988)
8 federal appellate · 9 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 Daniel v. Security Pacific National Bank · Baskett v. United States · Cincinnati Milacron Chemicals, Inc. v. Blankenship · Rust v. Johnson · 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“represent[ ] the type of general reliability inquiry that must be made[,] ... a court cannot necessarily rest solely on the reliability vel non of the hypnosis procedures in ruling on the admissibility of the proffered testimony. Even though all of the Hurd safeguards might be employed, the defendant may still be able to demonstrate by expert testimony that a witness’ memory has been irreparably distorted by hypnosis. On the other hand, even if the hypnosis procedures are flawed, a trial or appellate court might discern that a witness’ testimony was nonetheless independent of the dangers associated with hypnosis.”
1 later decision quote this exact passage · from the majoritye.g. Borawick v. Shay“conduct a balanced inquiry to determine if the testimony had a basis that was independent of the dangers associated with hypnosis — in other words, a balanced inquiry to determine whether a witness’ memory and ability to testify from it was distorted by the earlier hypnosis. The balanced inquiry ... cannot be circumscribed by narrow considerations, and ... must be determined by a detailed factual analysis on a case-by-case basis.”
1 later decision quote this exact passage · from the majoritye.g. Borawick v. Shay“where a witness’ recall concerning all or most of the details of a crime has been hypnotically enhanced, possibly injected into the trial is a question of whether the defendant's due process rights were violated because the use of hypnotically enhanced testimony may have resulted in a fundamentally unfair trial.”); Wicker v. McCotter, 783 F.2d 487, 493 (5th Cir. 1986)(”
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.