James v. State’s Empirical Analysis

Citation profile

2 federal appellate · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is the likelihood of misidentification that taints the out-of-court identification process. In determining whether an in-court identification is tainted by pretrial occurrences, we consider the totality of the circumstances. In doing so, we consider the opportunity of the identifying witness to observe the accused at the time of the criminal act; the lapse of time between the occurrences and the identification; any inconsistencies of the description given by the witness; whether there was prior misidentification; the facts surrounding the identification; and all matters relating to the identification process. . . . We have stated reliability is the linchpin in determining the admissibility of identification testimony. In the determination of the admissibility we consider the totality of the circumstances. ... In Neil v. Biggers, 409 U.S. 188 (1973), it was held that a “show-up” rather than a line-up does not violate a defendant’s constitutional right unless there are other circumstances rendering the identification unreliable.”

   3 later decisions quote this exact passage
   e.g. Cooley v. State · Harrison v. State

2. “We recognize there is a real danger of undue suggestiveness in a “show-up” identification, and such method should not ordinarily be arranged. We cannot say from the totality of the circumstances here involved that the “show-up” tainted the in-court identification sufficiently to render it inadmissible.”

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