Ortiz v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Testimony relevant to the trappings of probation may be excluded, within the trial court’s discretion, where it might precipitate a distracting inquiry into the relative merits of probation versus incarceration. This is a far cry from holding that psychiatric testimony focusing on so-called suitability for probation, where that has been made an issue in the punishment phase of the case, will invariably be more confusing or prejudicial than probative, as a matter of law. 20 In fact, Schulz, Logan, and Brown all held that the record supported the trial court’s exercise of discretion to exclude psychiatric testimony relevant to probation. None holds that the trial court has no discretion to admit such testimony, should it find it is helpful to the jury, and that its probative value was not substantially outweighed by unfair prejudice or confusion of the issues. Questions of admissibility under Rules 702 and 403 are for the trial court in the first instance.... So long as the record provides a rational basis to support the trial court’s judgment, pursuant to Rule 702, that expert testimony will assist the jury (or its judgment that it will not), ... the appellate court cannot conclude de novo that the evidence is admissible (or inadmissible). Nor should the appellate courts conduct a de novo review of the trial court’s decision that the evidence is inadmissible (or admissible) because it will only, (or because it will not), e.g., confuse the issues under Rule 403. In short, unde”

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

2. “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.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Proctor v. State

3. “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Proctor v. State