State v. Floyd’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Dissimilarity in physical appearance, alone, is insufficient to establish impermissible suggestion. Because courts normally only require the police to use reasonable efforts to find physically similar participants in a photo lineup, differ- enees in age, weight, height, hairstyle, and other physical characteristics do not compel a finding of impermissible suggestiveness. Since only identical twins can be identical in a lineup and as long as no one individual clearly stands out in the lineup, the law does not require exact conformity to ensure an untainted identification procedure. Police are only required to find physically similar participants, even if a defendant has a physical abnormality or very distinctive appearance, as no lineup in that type of situation can be expected to provide subjects reasonably close in appearance.”

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

2. “This Court will not hamper the exercise of that discretion unless it is clear that the trial court's ruling is against the logic of the circumstances and is 'so unreasonable and arbitrary that it shocks the sense of justice and indicates a lack of careful, deliberate consideration.' " State v. Floyd , 347 S.W.3d 115 , 122 (Mo. App. 2011) (citation omitted). "A trial court has wide discretion in admitting the testimony of a lay witness into evidence.”

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

3. “A pre-trial identification procedure is unduly suggestive if the identification results not from the witness's recollection of first-hand observations, but rather from the procedures or actions employed by the police.”

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