825 So. 2d 418 - Boyer v. State’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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. However, the trial court is not compelled to exclude the expert just because the testimony may cover matters within the average juror’s comprehension. Even though the jury may have beliefs about the subject, the question is whether those beliefs are correct. .... Had Dr. Ofshe’s testimony been admitted, it would have let the jury know that a phenomenon known as false confessions exists, how to recognize it, and how to decide whether it fit the facts of the case being tried. It is for the jury to determine the weight to give to Dr. Ofshe’s testimony, and to decide whether they believed his theory or the more commonplace explanation that the confession was true.”

   1 later decision quote this exact passage
   e.g. DORBAD v. State