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← 824 SW2D 568 - Kelly v. State

Kelly v. State’s Empirical Analysis

1992

Citation profile

307
cited by 307 later decisions
4
states following
April 2023
most recently cited

8 federal appellate · 295 state decisions

How this case has been cited

Cited by 307 later decisions — most recently April 2023 · most notably Merrell Dow Pharmaceuticals, Inc. v. Havner (1997), EI Du Pont De Nemours & Co. v. Robinson (1996)

8 federal appellate · 295 state decisions

12201992200020102020decided

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 Bourjaily v. United States · Huddleston v. United States · Frye v. United States · Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n · Montgomery v. State

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

  1. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”
    28 later decisions quote this exact passage
  2. “(1) the extent to which the underlying scientific theory and technique are accepted as valid by the relevant scientific community, if such a community can be ascertained; (2) the qualifications of the expert(s) testifying; (3) the existence of literature supporting or rejecting the underlying scientific theory and technique; (4) the potential rate of error of the technique; (5) the availability of other experts to test and evaluate the technique; (6) the clarity with which the underlying scientific theory and technique can be explained to the court; and (7) the experience and skill of the person(s) who applied the technique on the occasion in question.”
    22 later decisions quote this exact passage
  3. “(1) the underlying scientific theory must be valid; (2) the technique applying the theory must be valid; and (3) the technique must have been properly applied on the occasion in question.”
    6 later decisions 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.