Bedford v. State’s Empirical Analysis

Citation profile

2 district · 65 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n extrajudicial identification made by a witness may be offered in evidence for three possible purposes: (1) for corroboration; (2) for impeachment; or (3) as substantive evidence of an identification, having probative value.”

   4 later decisions quote this exact passage · from the majority
   e.g. 82 Md. App. 282 - Joiner v. State · Tyler v. State

2. ““Evidence of an extra-judicial identification is admissible, not only to corroborate an identification made at the trial [citations omitted], but as independent evidence of identity. Unlike other testimony that cannot be corroborated by proof of prior consistent statements unless it is first impeached [citations omitted], evidence of an extrajudicial identification is admitted regardless of whether the testi monial identification is impeached, because the earlier identification has greater probative value than an identification made in the courtroom after the suggestions of others and the circumstances of the trial may have intervened to create a fancied recognition in the witness’ mind, [citations omitted]. The failure of the witness to repeat the extrajudicial identification in court does not destroy its probative value, for such failure may be explained by loss of memory or other circumstances. The extrajudicial identification tends to connect the defendant with the crime, and the principal danger of admitting hearsay evidence is not present since the witness is available at the trial for cross-examination.” [citations omitted].”

   3 later decisions quote this exact passage · from the majority
   e.g. 82 Md. App. 282 - Joiner v. State · 381 Pa. Super. 181 - Commonwealth v. Doa

3. ““... there is no claim before us that the photographic identifications were made under suggestive conditions, and, as discussed supra, the defendants had an opportunity to cross-examine and did thoroughly cross-examine [the victim] concerning the accuracy of these identifications. Where, as here, the identifications were not made under suggestive conditions and thus their admission was not precluded and where the defendants were given and, in fact, took advantage of, ample opportunity to expose to the jury any factors tending to discredit the identifications, we cannot conclude that they were so unreliable that they should not have been admitted as substantive evidence. Rather, the assessment of the reliability of the identifications in these circumstances was for the jury.” 293 Md. at 182 , 443 A.2d 78 (citations omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. 93 Md. App. 475 - Nance v. State