175 Ind. App. 230 - Atkins v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The test, as formulated by the United States Supreme Court, is whether the confrontation was so unnecessarily suggestive and conducive to irreparable mistaken identification that the defendant was denied due process of law. Stovall v. Denno (1967), 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 . In the instant case we are dealing with an on-the-scene confrontation. Confrontations occurring immediately after the commission of an offense are not per se unduly suggestive, even though the accused is the only suspect present. Wright v. State (1972), 259 Ind. 197 , 285 N.E.2d 650 . However, this does not necessarily means that every on-the-scene confrontation will pass the Stovall test. Parker v. State (1970), 254 Ind. 593 , 261 N.E.2d 562 . Whether an on-the-scene confrontation is overly suggestive must be determined from the total circumstances. Hampton v. State (1977), Ind.App., 359 N.E.2d 276 . Thus, while the period of time between the commission of the crime and the confrontation is an extremely important factor, it is not the only factor which must be considered.””

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