State v. Herrera’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation”

   4 later decisions quote this exact passage · from the dissent
   e.g. 402 N.J. Super. 62 - State v. Chen · Commonwealth v. Thompson

2. “a very substantial likelihood of irreparable misidentification,”

   3 later decisions quote this exact passage · from the dissent
   e.g. 402 N.J. Super. 62 - State v. Chen · 426 N.J. Super. 204 - State v. Joseph

3. “[C]onvictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside on that ground only if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.”

   1 later decision quote this exact passage · from the dissent
   e.g. 390 N.J. Super. 344 - State v. King