243 N.C. App. 414 - State v. Gamble’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'if all the circumstances indicate that the procedure resulted in a very substantial likelihood of irreparable misidentification.' " Suggs, 86 N.C.App. at 594 , 359 S.E.2d at 28 (quoting State v. Lyszaz, 314 N.C. 256 , 264, 333 S.E.2d 288 , 294 (1985) ). Defendant has not, however, met that burden. This Court explained in State v. Gamble, --- N.C.App. ----, ----, 777 S.E.2d 158 , 163 (2015) (internal quotation marks omitted), that "[t]he North Carolina Supreme Court has developed a totality of the circumstances test to determine if a pretrial procedure was impermissibly suggestive, defining impermissible suggestiveness as so unnecessarily suggestive and conducive to irreparable mistaken identity as to offend fundamental standards of decency and justice.”

   1 later decision quote this exact passage · from the dissent
   e.g. 247 N.C. App. 479 - State v. Grady

2. “(1) the witness's opportunity to view the criminal at the time of the crime; (2) the witness's degree of attention; (3) the accuracy of the witness's prior description of the criminal; (4) the level of certainty demonstrated by the witness at the confrontation; and (5) the length of time between the crime and the confrontation.”

   1 later decision quote this exact passage · from the dissent
   e.g. 247 N.C. App. 479 - State v. Grady