Weatherred v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In our approach to the Kotteakos/Lane 1 discussions of whether or not trial error has affected a defendant’s substantial rights to such an extent that reversal of the conviction is required, we find a proper review of Rule 44.2(b) error requires the appellate court to consider the entire record on its own merits and in its own unique setting, and, placing the error in the context of said record, determine whether any substantial rights of the defendant have been affected. If the substantial rights of the defendant have been affected, the appellate court must next inquire, after considering the error’s impact on the defendant’s substantial rights, whether we are left with “grave doubt” as to whether the error did have or could have had substantial and injurious effect or influence in determining the verdict. If the appellate court has such doubt, in the absence of overwhelming evidence of the defendant’s guilt, the conviction must be reversed.”

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

2. “that could affect a trial court's determination of reliability. Id. at 121-22. We concluded that Dr. Deffenbacher's testimony and the written scientific material dealing with eyewitness reliability provided: adequate validation of the scientific theories in question. The experiments discussed in the articles involved valid and generally acceptable scientific techniques. This provided a reliable basis for Dr. Deffenbacher's opinion that photo bias, more often than not, results in inaccurate”

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

3. “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
   e.g. Weatherred v. State