101 So. 3d 67 - State v. Shannon’s Empirical Analysis

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1 state decisions

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

1. “Even if the identification could be considered suggestive, it is the likelihood of misidentification that violates due process, not merely the suggestive identification procedure. State v. Payne , 04-828, pp. 4-5 (La. App. 5 Cir. 12/14/04), 892 So.2d 51 , 53. Fairness is the standard of review for identification procedures, and reliability is the linchpin in determining the admissibility of identification testimony. Manson v. Brathwaite , 432 U.S. 98 , 113-14, 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977). Even a suggestive, out-of-court identification will be admissible if it is found reliable under the totality of circumstances. State v. Guy , 95-0899, pp. 9-10 (La. App. 4 Cir. 1/31/96), 669 So.2d 517 , 523. In Manson , supra , the Court set forth a five-factor test to determine whether a suggestive identification is reliable, to-wit: (1) the opportunity of the witness to view the assailant at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the assailant; (4) the level of certainty demonstrated by the witness; and (5) the length of time between the crime and the confrontation. Id. , 432 U.S. at 114 -16 , 97 S.Ct. 2243 , citing Neil v. Biggers , 409 U.S. 188 , 199-200, 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). In determining the likelihood of misidentification of a suspect, a court must look to the "totality of the circumstances" as informed by the five factors. Neil , 409 U.S. at 199 , 93 S.Ct. 375 . In evaluating the d”

   1 later decision quote this exact passage
   e.g. 249 So. 3d 260 - State v. Alridge