Martin v. State’s Empirical Analysis

Citation profile

3 federal appellate · 27 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is apparent in this case that appellant was denied his right to counsel guaranteed by the Sixth and Fourteenth Amendments of the Constitution of the United States and Article 1, Section 13 of the Constitution of Indiana as the lineup took place after his arrest for this offense. However, where admissibility of evidence as to the lineup itself is not involved, a per se exclusionary rule is not justified. Such is the case in this instance. The State asked no questions of the witness concerning the lineup on direct examination and no mention was made of the lineup until cross-examination of the witness by defense counsel. United States v. Wade, supra, holds that the government is required to establish by clear and convincing evidence that the in-court identifications of the defendant were based upon identifications other than that at the lineup. Several factors were mentioned upon which to base this determination. They are as follows: (1) Prior opportunity to observe the alleged criminal act; (2) Existence of any discrepancy between any prelineup description and the defendant's actual description; (3) Any identification of another person prior to the lineup; (4) Identification of defendant by picture prior to lineup; (5) Failure to identify the defendant on a prior occasion; (6) Lapse of time between the alleged act and the lineup description; (7) Those facts which, despite the absence of counsel, are disclosed concerning the conduct of the lineup. See United States v. Wade,”

   5 later decisions quote this exact passage
   e.g. 157 Ind. App. 291 - LeFlore v. State · 159 Ind. App. 216 - Lawson v. State

2. “There was also testimony indicating a strong possibility the lineup was conducted in an overly suggestive manner. The witness testified that the only member of the lineup he could remember wearing a jail uniform was the appellant. The appellant, who is a Negro, five feet eleven inches tall, and about thirty-five years old testified that of the approximately twelve people in the lineup the only other Negro was five feet three inches tall and eighteen years old.”

   1 later decision quote this exact passage
   e.g. Martin v. Indiana

3. “even without the in-court identification by the victim the evidence is sufficient for the judge of the trial court, as the trier of fact in this case, to find that the identification of the appellant was established.”

   1 later decision quote this exact passage
   e.g. Martin v. Indiana