359 So. 2d 1355 - Scott v. State’s Empirical Analysis

Citation profile

1 federal appellate · 23 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We turn, then to the central question, whether under the `totality of the circumstances' the identification was reliable even though the confrontation procedure was suggestive. As indicated by our cases, the factors to be considered in evaluating the likelihood of misidentification include the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation. " (emphasis added)”

   3 later decisions quote this exact passage
   e.g. Bankston v. State · 464 So. 2d 492 - Lannom v. State

2. “(a) defendant is entitled to access to prospective witnesses; however, this right exists co-equally with the right of a witness to refuse to say anything.”

   3 later decisions quote this exact passage
   e.g. Blair v. State · 511 So. 2d 1368 - Tolbert v. State

3. “"In Agurs the Court stated, the mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish "materiality" in the constitutional sense.'" 359 So.2d at 1362 .”

   2 later decisions quote this exact passage
   e.g. 506 So. 2d 254 - Boches v. State · 376 So. 2d 1343 - Johnston v. State