54 New York opinions name it 9 courts 1977–2025 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Hampegreen2 sentences2010A consequence of the general acceptance in the scientific community of the reliability of the results of blood alcohol testing by such instruments (People v Hughes, 59 NY2d 523, 537 [1983]) is that it is no longer necessary to establish, through foundational evidence, the reliability of the test results by means of expert testimony (People v Hampe, 181 AD2d 238, 240 [1992]). 2004The People cite People v Hampe ( 181 AD2d 238, 240 [3d Dept 1992]): “With respect to testing by standard breathalyzer devices, New York courts have concluded that general acceptance by the scientific community had been sufficiently established so as to obviate the necessity of submitting evidence of the reliability of the test in every case ... | 3 | 3 |
People v. Robinsongreen2 sentences2009The court properly rejected defendant’s argument that his constitutional right to present a defense required admission of the declaration (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). 2009Accordingly, there was no violation of defendant’s constitutional right to present a defense (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). | 3 | 3 |
Delgado v. City of New Yorkgreen2 sentences2020The information was provided in a face-to-face encounter, giving the officers "the opportunity to assess [the bystander's] credibility on the basis of his demeanor and the accuracy of his information" ( People v Simpson , 244 AD2d 87, 91 [1st Dept 1998]), and was corroborated by the officers' own observations ( see generally Delgado v City of NY , 86 AD3d 502, 507 [1st Dept 2011]). 2020The information was provided in a face-to-face encounter, giving the officers "the opportunity to assess [the bystander's] credibility on the basis of his demeanor and the accuracy of his information" ( People v Simpson , 244 AD2d 87, 91 [1st Dept 1998]), and was corroborated by the officers' own observations ( see generally Delgado v City of NY , 86 AD3d 502, 507 [1st Dept 2011]). | 2 | 2 |
People v. Simpsongreen2 sentences2020The information was provided in a face-to-face encounter, giving the officers "the opportunity to assess [the bystander's] credibility on the basis of his demeanor and the accuracy of his information" ( People v Simpson , 244 AD2d 87, 91 [1st Dept 1998]), and was corroborated by the officers' own observations ( see generally Delgado v City of NY , 86 AD3d 502, 507 [1st Dept 2011]). 2020The information was provided in a face-to-face encounter, giving the officers "the opportunity to assess [the bystander's] credibility on the basis of his demeanor and the accuracy of his information" ( People v Simpson , 244 AD2d 87, 91 [1st Dept 1998]), and was corroborated by the officers' own observations ( see generally Delgado v City of NY , 86 AD3d 502, 507 [1st Dept 2011]). | 2 | 2 |
Matter of Rivera v. Venettozzigreen2 sentences2017We are unpersuaded by petitioner’s contention that he was improperly charged with the use of an intoxicant as we have previously recognized that rule 113.13 is applicable in situations involving synthetic marihuana (see Matter of Streeter v Annucci, 145 AD3d 1300, 1301 [2016]; Matter of Rivera v Venettozzi, 138 AD3d 1293, 1294 [2016]). 2017We are unpersuaded by petitioner’s contention that he was improperly charged with the use of an intoxicant as we have previously recognized that rule 113.13 is applicable in situations involving synthetic marihuana (see Matter of Streeter v Annucci, 145 AD3d 1300, 1301 [2016]; Matter of Rivera v Venettozzi, 138 AD3d 1293, 1294 [2016]). | 2 | 2 |
Matter of Shepherd v. Annuccigreen2 sentences2017Furthermore, the reliability of the test results was established through documentary evidence and hearing testimony as to the chain of custody and the adherence to proper testing procedures (see Matter of Shepherd v Annucci, 142 AD3d 1244, 1244 [2016], lv denied 28 NY3d 914 [2017]; Matter of Belle v Prack, 140 AD3d at 1510 ). 2017Furthermore, the reliability of the test results was established through documentary evidence and hearing testimony as to the chain of custody and the adherence to proper testing procedures (see Matter of Shepherd v Annucci, 142 AD3d 1244, 1244 [2016], lv denied 28 NY3d 914 [2017]; Matter of Belle v Prack, 140 AD3d at 1510 ). | 2 | 2 |
Matter of Streeter v. Annuccigreen2 sentences2017We are unpersuaded by petitioner’s contention that he was improperly charged with the use of an intoxicant as we have previously recognized that rule 113.13 is applicable in situations involving synthetic marihuana (see Matter of Streeter v Annucci, 145 AD3d 1300, 1301 [2016]; Matter of Rivera v Venettozzi, 138 AD3d 1293, 1294 [2016]). 2017We are unpersuaded by petitioner’s contention that he was improperly charged with the use of an intoxicant as we have previously recognized that rule 113.13 is applicable in situations involving synthetic marihuana (see Matter of Streeter v Annucci, 145 AD3d 1300, 1301 [2016]; Matter of Rivera v Venettozzi, 138 AD3d 1293, 1294 [2016]). | 2 | 2 |
People v. Watsongreen2 sentences2011We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 [2004], lv denied 4 NY3d 763 [2005]; see People v Watson, 197 AD2d 880, 880-881 [1993]). 2011We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 , lv denied 4 NY3d 763 ; see People v Watson, 197 AD2d 880, 880-881 ). | 2 | 2 |
People v. Johnsongreen2 sentences1991In this case, the statements by the purchaser were based on his personal knowledge, thereby satisfying the basis of knowledge requirement (see, People v Johnson, supra, at 403; People v Burks, 134 AD2d 604, 605 ), and the purchaser’s statements were sufficiently corroborated by the undercover officers’ observations, thereby satisfying the reliability requirement (see, People v Comforto, 62 NY2d 725, 727 ; People v Rodriguez, 52 NY2d 483, 489 ; People v Elwell, 50 NY2d 231, 237 ; People v Nelson, 125 AD2d 339 ). 1987Thus, the arrest of the defendant was unlawful because the police acted upon hearsay from an intermediary whose information did not satisfy the reliability requirement of the Aguilar-Spinelli rule (see, Aguilar v Texas, supra; Spinelli v United States, 393 US 410 ; see also, People v Johnson, 66 NY2d 398, 402-405 ). | 2 | 2 |
Chambers v. Mississippigreen2 sentences2015This hearsay evi *478 dence did not satisfy the reliability requirement for admissibility under the exception for declarations against penal interest (see People v Settles, 46 NY2d 154, 167-170 [1978]), or under a due process theory (see Chambers v Mississippi, 410 US 284, 298-302 [1973]). 2009Accordingly, there was no violation of defendant’s constitutional right to present a defense (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). | 1 | 4 |
People v. Settlesgreen2 sentences2015This hearsay evi *478 dence did not satisfy the reliability requirement for admissibility under the exception for declarations against penal interest (see People v Settles, 46 NY2d 154, 167-170 [1978]), or under a due process theory (see Chambers v Mississippi, 410 US 284, 298-302 [1973]). 2001The reliability requirement was fully satisfied by extensive corroborating evidence, featuring defendant’s own confession (see, People v Settles, 46 NY2d 154, 168-169 ). | 1 | 2 |
People v. Ketchamgreen2 sentences2011With respect to the reliability requirement, the police verified the accuracy of the information provided by the confidential informant by monitoring the drug transactions (see People v Glover, 23 AD3d 688, 689 [2005], lv denied 6 NY3d 776 [2006]) and, with respect to the basis of knowledge requirement, the People established that the confidential informant participated in the drug transactions involving defendant (see People v Ketcham, 93 NY2d 416, 420 [1999]). 2011With respect to the reliability requirement, the police verified the accuracy of the information provided by the confidential informant by monitoring the drug transactions (see People v Glover, 23 AD3d 688, 689 , lv denied 6 NY3d 776 ) and, with respect to the basis of knowledge requirement, the People established that the confidential informant participated in the drug transactions involving defendant (see People -2- 368 KA 10-00061 v Ketcham, 93 NY2d 416, 420 ). | 1 | 2 |
People v. Glasgowgreen2 sentences2011We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 [2004], lv denied 4 NY3d 763 [2005]; see People v Watson, 197 AD2d 880, 880-881 [1993]). 2011We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 , lv denied 4 NY3d 763 ; see People v Watson, 197 AD2d 880, 880-881 ). | 1 | 2 |
People v. Glovergreen2 sentences2011With respect to the reliability requirement, the police verified the accuracy of the information provided by the confidential informant by monitoring the drug transactions (see People v Glover, 23 AD3d 688, 689 [2005], lv denied 6 NY3d 776 [2006]) and, with respect to the basis of knowledge requirement, the People established that the confidential informant participated in the drug transactions involving defendant (see People v Ketcham, 93 NY2d 416, 420 [1999]). 2011With respect to the reliability requirement, the police verified the accuracy of the information provided by the confidential informant by monitoring the drug transactions (see People v Glover, 23 AD3d 688, 689 , lv denied 6 NY3d 776 ) and, with respect to the basis of knowledge requirement, the People established that the confidential informant participated in the drug transactions involving defendant (see People -2- 368 KA 10-00061 v Ketcham, 93 NY2d 416, 420 ). | 1 | 2 |
People v. Hughesgreen2 sentences2010A consequence of the general acceptance in the scientific community of the reliability of the results of blood alcohol testing by such instruments (People v Hughes, 59 NY2d 523, 537 [1983]) is that it is no longer necessary to establish, through foundational evidence, the reliability of the test results by means of expert testimony (People v Hampe, 181 AD2d 238, 240 [1992]). 2004The Frye test, used in a classic context, considers whether the court should allow testimony involving a recently introduced process such as DNA testing (see People v Wesley, supra), polygraph tests (see People v Angelo, 88 NY2d 217 [1996], supra), or posthypnotic recollection (see People v Hughes, 59 NY2d 523 [1983]), by asking whether the reliability of the test or process is “generally accepted” by those in a position to know. | 1 | 2 |
Surlak v. Surlakgreen2 sentences1994The officer’s observation of the informant as he conducted a controlled buy of the cocaine from defendant was sufficient to satisfy the reliability requirement of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108 ; Spinelli v United States, 393 US 410 ; see also, People v Comforto, 62 NY2d 725, 727 ; People v Daniels, 172 AD2d 766, 767 , lv denied 78 NY2d 1010 ). 1991In this case, the statements by the purchaser were based on his personal knowledge, thereby satisfying the basis of knowledge requirement (see, People v Johnson, supra, at 403; People v Burks, 134 AD2d 604, 605 ), and the purchaser’s statements were sufficiently corroborated by the undercover officers’ observations, thereby satisfying the reliability requirement (see, People v Comforto, 62 NY2d 725, 727 ; People v Rodriguez, 52 NY2d 483, 489 ; People v Elwell, 50 NY2d 231, 237 ; People v Nelson, 125 AD2d 339 ). | 1 | 2 |
People v. Leonegreen2 sentences1990The reliability of such a test is not recognized in this State (People v Leone, 25 NY2d 511), and the proscription against admission is applicable to child sexual abuse cases (Matter of Aryeh-Levi K., 134 AD2d 428 ). 1977(People v Leone, 25 NY2d 511, 517.) Here, there is absolutely no testimony before the court as to this test having been received in any court or in the literature of forensic science; nor is there any scientific data presented to show the reliability of this test. | 1 | 2 |
Khan v. New York State Department of Healthgreen1 sentence2025This Court has no discretionary authority to review petitioner's unpreserved challenges to the admission of sealed arrest records at the hearing, NYPD's reliance on Civil Service Law § 75, or the reliability of the hearing transcript ( see Matter of Khan v New York State Dept. of Health , 96 NY2d 879, 880 [2001]; see also Matter of 333 E. 49th Partnership, LP v New York State Div. of Hous. & Community Renewal , 165 AD3d 93 , 99 [1st Dept 2018], lv denied 33 NY3d 908 [2019]). | 1 | 1 |
| Matter of Timmons v. Annuccigreen | 1 | 1 |
| People v. Santiagogreen | 1 | 1 |
| People v. WILLIAM IIgreen | 1 | 1 |
| Schlup v. Delored | 1 | 1 |
| People v. Robinsongreen | 1 | 1 |
| People v. Thomasgreen | 1 | 1 |
| People v. Hanleygreen | 1 | 1 |
| People v. Parillagreen | 1 | 1 |
| People v. Rahminggreen | 1 | 1 |
| People v. Rodriguezgreen | 1 | 1 |
| People v. Thomasgreen | 1 | 1 |
| State v. Martinezgreen | 1 | 1 |
| People v. Harrisgreen | 1 | 1 |
| Ralph Rodney Earnest v. Donald Dorsey, Attorney General of the State of New Mexicogreen | 1 | 1 |
| United States v. Baronegreen | 1 | 1 |
| David Neuman v. Jessie Riversgreen | 1 | 1 |
| cluster 750665green | 1 | 1 |
| United States v. Craig Scott Keltner, United States of America v. Charles Bruce Naborsgreen | 1 | 1 |
| People v. Parrisgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Burns
green
2 sentences2009The court properly rejected defendant’s argument that his constitutional right to present a defense required admission of the declaration (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). 2009Accordingly, there was no violation of defendant’s constitutional right to present a defense (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). | 3 | 2009–2009 |
People v. Burns
green
2 sentences2009The court properly rejected defendant’s argument that his constitutional right to present a defense required admission of the declaration (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). 2009Accordingly, there was no violation of defendant’s constitutional right to present a defense (see Chambers v Mississippi, 410 US 284 [1973]; People v Robinson, 89 NY2d 648, 654 [1997]; People v Burns, 18 AD3d 397 [2005], affd 6 NY3d 793 [2006]). | 3 | 2009–2009 |
Spinelli v. United States
red
2 sentences1994The officer’s observation of the informant as he conducted a controlled buy of the cocaine from defendant was sufficient to satisfy the reliability requirement of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108 ; Spinelli v United States, 393 US 410 ; see also, People v Comforto, 62 NY2d 725, 727 ; People v Daniels, 172 AD2d 766, 767 , lv denied 78 NY2d 1010 ). 1987Thus, the arrest of the defendant was unlawful because the police acted upon hearsay from an intermediary whose information did not satisfy the reliability requirement of the Aguilar-Spinelli rule (see, Aguilar v Texas, supra; Spinelli v United States, 393 US 410 ; see also, People v Johnson, 66 NY2d 398, 402-405 ). | 3 | 1985–1994 |
Aguilar v. Texas
red
2 sentences1994The officer’s observation of the informant as he conducted a controlled buy of the cocaine from defendant was sufficient to satisfy the reliability requirement of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108 ; Spinelli v United States, 393 US 410 ; see also, People v Comforto, 62 NY2d 725, 727 ; People v Daniels, 172 AD2d 766, 767 , lv denied 78 NY2d 1010 ). 1987Thus, the arrest of the defendant was unlawful because the police acted upon hearsay from an intermediary whose information did not satisfy the reliability requirement of the Aguilar-Spinelli rule (see, Aguilar v Texas, supra; Spinelli v United States, 393 US 410 ; see also, People v Johnson, 66 NY2d 398, 402-405 ). | 3 | 1985–1994 |
Matter of Belle v. Prack
green
2 sentences2017Furthermore, the reliability of the test results was established through documentary evidence and hearing testimony as to the chain of custody and the adherence to proper testing procedures (see Matter of Shepherd v Annucci, 142 AD3d 1244, 1244 [2016], lv denied 28 NY3d 914 [2017]; Matter of Belle v Prack, 140 AD3d at 1510 ). 2017Furthermore, the reliability of the test results was established through documentary evidence and hearing testimony as to the chain of custody and the adherence to proper testing procedures (see Matter of Shepherd v Annucci, 142 AD3d 1244, 1244 [2016], lv denied 28 NY3d 914 [2017]; Matter of Belle v Prack, 140 AD3d at 1510 ). | 2 | 2017–2017 |
In re Karma EE.
green
2 sentences2017Furthermore, the reliability of the test results was established through documentary evidence and hearing testimony as to the chain of custody and the adherence to proper testing procedures (see Matter of Shepherd v Annucci, 142 AD3d 1244, 1244 [2016], lv denied 28 NY3d 914 [2017]; Matter of Belle v Prack, 140 AD3d at 1510 ). 2017Furthermore, the reliability of the test results was established through documentary evidence and hearing testimony as to the chain of custody and the adherence to proper testing procedures (see Matter of Shepherd v Annucci, 142 AD3d 1244, 1244 [2016], lv denied 28 NY3d 914 [2017]; Matter of Belle v Prack, 140 AD3d at 1510 ). | 2 | 2017–2017 |
People v. Franklin
green
2 sentences2011With respect to the reliability requirement, the police verified the accuracy of the information provided by the confidential informant by monitoring the drug transactions (see People v Glover, 23 AD3d 688, 689 [2005], lv denied 6 NY3d 776 [2006]) and, with respect to the basis of knowledge requirement, the People established that the confidential informant participated in the drug transactions involving defendant (see People v Ketcham, 93 NY2d 416, 420 [1999]). 2011With respect to the reliability requirement, the police verified the accuracy of the information provided by the confidential informant by monitoring the drug transactions (see People v Glover, 23 AD3d 688, 689 , lv denied 6 NY3d 776 ) and, with respect to the basis of knowledge requirement, the People established that the confidential informant participated in the drug transactions involving defendant (see People -2- 368 KA 10-00061 v Ketcham, 93 NY2d 416, 420 ). | 2 | 2011–2011 |
People v. Glasgow
neutral
2 sentences2011We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 [2004], lv denied 4 NY3d 763 [2005]; see People v Watson, 197 AD2d 880, 880-881 [1993]). 2011We agree with defendant, however, that the court erred in ordering defendant to pay restitution “inasmuch as the recipient of the restitution[, Wayne County,] was not a ‘victim’ as defined by Penal Law § 60.27 (4) (b)” (People v Glasgow, 12 AD3d 1172, 1172-1173 , lv denied 4 NY3d 763 ; see People v Watson, 197 AD2d 880, 880-881 ). | 2 | 2011–2011 |
People v. Elwell
green
2 sentences1991In this case, the statements by the purchaser were based on his personal knowledge, thereby satisfying the basis of knowledge requirement (see, People v Johnson, supra, at 403; People v Burks, 134 AD2d 604, 605 ), and the purchaser’s statements were sufficiently corroborated by the undercover officers’ observations, thereby satisfying the reliability requirement (see, People v Comforto, 62 NY2d 725, 727 ; People v Rodriguez, 52 NY2d 483, 489 ; People v Elwell, 50 NY2d 231, 237 ; People v Nelson, 125 AD2d 339 ). 1987In the absence of such proof, the police lacked probable cause to arrest the defendant (see, People v Elwell, supra; People v Verrecchio, 23 NY2d 489 ; People v Mingo, 117 AD2d 353 , lv denied 68 NY2d 772 ), and all evidence obtained as a result of the unlawful arrest must be suppressed (see, Wong Sun v United States, 371 US 471 ; People v Gleeson, 36 NY2d 462 ; People v Floyd, 26 NY2d 558 ). | 2 | 1987–1991 |
Manson v. Brathwaite
green
2 sentences1982(People v Coleman, supra, p 982, is the only appellate case on the issue but the result is the less than conclusive bare statement that the exclusionary rule “would seem to be inapplicable.”) Walker (supra), decided first, focuses on the reliability test of Manson (supra) and holds that suggestive private procedures can have the same adverse effect on reliability as a police procedure and therefore that a pretrial hearing should be held. 1979Contrasted with the New York Court of Appeals response to Kirby v Illinois ( 406 US 682 , supra), there has been no definitive statement by that court addressing the per se exclusionary rule versus the "reliability under the totality of the circumstances” rule debate subsequent to Manson v Brathwaite (supra). | 2 | 1979–1982 |
People v. Mingo
green
1 sentence2020We do not know whether the allegation about use of force in the PSI is derived from a victim’s statement or from multiple levels of hearsay that do not meet the reliability standard set out in the statute (see Correction Law § 168-n [3]; Mingo, 12 NY3d at 572-573 ). | 1 | 2020–2020 |
People v. Perez
green
1 sentence2017In short, an officer’s decision not to offer a physical coordination test to a defendant because of the officer’s perception that defendant did not sufficiently understand English did not violate his equal protection rights (Aviles, 28 NY3d 497 ; People v Perez, 27 Misc 3d 880 [Sup Ct, Bronx County 2010, Benitez, J.]). | 1 | 2017–2017 |
| The People v. Jose Aviles green | 1 | 2017–2017 |
| People v. Boscic green | 1 | 2016–2016 |
| People v. Bohrer neutral | 1 | 2014–2014 |
| People v. Lent green | 1 | 2012–2012 |
| People v. Jones green | 1 | 2012–2012 |
| People v. Bouton green | 1 | 2011–2011 |
| Nucci v. Proper green | 1 | 2007–2007 |
| Dunbar v. Utah green | 1 | 2007–2007 |
| People v. Wlasiuk green | 1 | 2007–2007 |
| People v. Taylor green | 1 | 2004–2004 |
| People v. Wesley green | 1 | 2004–2004 |
| People v. Wernick green | 1 | 2004–2004 |
| People v. Angelo green | 1 | 2004–2004 |
| Oppenheim v. United Charities green | 1 | 2004–2004 |
| Lahey v. Kelly green | 1 | 2003–2003 |
| Satterwhite v. Texas green | 1 | 2002–2002 |
| Murray v. Giarratano green | 1 | 2002–2002 |
| Beck v. Alabama green | 1 | 2002–2002 |
| Aronow v. Sommer neutral | 1 | 2001–2001 |
| Gugliotta v. Apollo Roland Brokerage, Inc. neutral | 1 | 2001–2001 |
| Gonzalez v. Goord neutral | 1 | 2001–2001 |
| Harris v. Goord green | 1 | 2001–2001 |
| Baez v. Sabourin neutral | 1 | 2001–2001 |
| Omaro v. Goord green | 1 | 2001–2001 |
| Call v. United States green | 1 | 1999–1999 |
| Lorenzen v. United States green | 1 | 1999–1999 |
| Osborne v. Singletary green | 1 | 1999–1999 |
| Kumho Tire Co. v. Carmichael green | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.