27 Utah 2d 48 - State v. Perry’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he circumstances of the individual case should be scrutinized carefully by the trial court to see whether in the identification procedures there was anything done which should be regarded as so suggestive or persuasive that there is a reasonable likelihood that the identification was not a genuine product of the knowledge and recollection of the witness, but was something so distorted or tainted that in fairness and justness the guilt or innocence of an accused should not be allowed to be tested thereby. This is something which because of his recognized prerogatives and advantaged position with respect to the trial, it is primarily the responsibility of the trial court to make the determination, which should not be disturbed unless it appears clearly that he was in error.”

   2 later decisions quote this exact passage
   e.g. State v. Bruce · State v. Nebeker

2. “[Ejach case must be considered on its own facts, and that convictions based on eye witness identification at trial following a pretrial identification by photograph will be set aside on that ground only if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood or irreparable misidentification. [Emphasis added.]”

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

3. “the defendant took the money from the presence or possession of [a person]”

   1 later decision quote this exact passage
   e.g. 2007 UT App 319 - State v. Irvin