262 Pa. Super. 280 - Commonwealth v. Lee’s Empirical Analysis

Citation profile

74 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to determine whether the suggestiveness of an “on the scene” identification is offset by its reliability, the suppression hearing judge must consider not only the procedure used by the police but also whether at the time of the crime the witness saw the criminal with sufficient clarity and for a sufficient length of time to have been able to make an identification. The best, if not the only source of this information is the witness. The hearing judge may also have to consider other facts peculiarly within the knowledge of the witness, as for example whether the witness for some reason felt pressured into making the identification, how the witness perceived the identification procedure, and what was the witness’ physi cal and mental condition. Thus, by failing to produce the witness, the Commonwealth deprives the hearing judge of essential information. Moreover, the failure to produce the witness deprives the defendant of an opportunity to test the identification by cross-examination. The witness’ response to cross-examination may be essential to the hearing judge in deciding what identification procedure the police adopted, how the procedure affected the witness, and also what was the witness’ opportunity and ability to make an identification. After seeing the witness under cross-examination, the judge may decide that the witness could not make a reliable identification, or that the witness was in fact convinced that the defendant was the criminal only because the po”

   1 later decision quote this exact passage
   e.g. 302 Pa. Super. 80 - Commonwealth v. Brown

2. “Here, the Commonwealth's failure to have the complainant testify, not only concerning her observation of her attacker, but also concerning her own view of the identification procedure, left the hearing judge without evidence essential to the issue of admissibility. Accordingly, the Commonwealth failed to meet its burden of proof. Id., 262 Pa.Superior at 288, 396 A.2d at 758 .”

   1 later decision quote this exact passage
   e.g. 311 Pa. Super. 357 - Commonwealth v. Thompkins

3. “. the [critical] consideration is the type of evidence the judge hears; if the evidence is inadmissible and is of a highly prejudicial nature, the judge should recuse himself or declare a mistrial if it is too late for recusal.”

   1 later decision quote this exact passage
   e.g. 274 Pa. Super. 280 - Commonwealth v. Smith