37 So. 3d 645 - Brunner v. State’s Empirical Analysis
2009
Citation profile
4
cited by 4 later decisions
1
states following
July 2018
most recently cited
4 state decisions
Relationships
Relies on Jackson v. Virginia · 895 So. 2d 836 - Bush v. State · 551 So. 2d 188 - Benson v. State · 802 So. 2d 82 - Smith v. State · 318 So. 2d 879 - Ragan v. State
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Court instructs the Jury that in reaching your verdict you are to consider all of the evidence concerning the entire case and the circumstances surrounding the crime. One of the issues in this case is the identification of Tameka Marquieta Smith as the perpetrator of the crime. As with each element of the crime charged, the State has the burden of proving identity beyond a reasonable doubt, and before you may convict Tameka Marquieta Smith you must be satisfied beyond a reasonable doubt of the accuracy of the identification of Tameka Marquieta Smith. If, after considering all of the evidence concerning the crime and the witness' identification of Tameka Marquieta Smith as the person who committed the crime, you are not convinced beyond a reasonable doubt that she is the person who committed the crime, then you must find her not guilty. 1) Did the witness have an adequate opportunity to observe the offender? 2) Did the witness observe the offender with an adequate degree of attention? 3) Did the witness provide an accurate description of the offender after the crime? 4) How certain is the witness of the identification? 5) How much time passed between the crime and the identification? If after examining all of the testimony and the evidence, you have a reasonable doubt that Tameka Smith was the person who committed the crime, then you must find Tameka Smith not guilty.”
1 later decision quote this exact passage“'the general instruction given to the jury to the effect that the State has the burden of proving each element of the offense charged beyond a reasonable doubt,' includes the misidentification issue.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.