State v. Nigro’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the defendant must prove, by a preponderance of the evidence, that the identification procedure was suggestive. Second, if the court finds that the procedure was suggestive, the State then bears the burden of proving, by clear and convincing evidence, that in the totality of the circumstances the identification, although made under a suggestive procedure, is nevertheless reliable.”

   1 later decision quote this exact passage
   e.g. State of Maine v. Matthew R. Davis

2. “Numerous courts, including our own, have condemned the display of a single photograph as an inherently suggestive identification practice.”

   1 later decision quote this exact passage
   e.g. State of Maine v. Matthew R. Davis

3. “prov[ing] by a preponderance of the evidence that the circumstances surrounding the witness's identification of him were suggestive.”

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