Emerson v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the better practice to ask the witness to point out the person referred to in his testimony rather than point out the person for the witness if there is an issue of identity. But this does not mean that such conduct is per se prejudicial as a matter of law. In this respect the evidence as a whole must be considered. (Citations of authority). While we do not condone suggestive questions with reference to the identification of the perpetrator of the crime, we at the same time can find no prejudice resulting from the question asked under the circumstances here presented.” 255 N. E. 2d at 534, 535 .”

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