State v. Packineau’s Empirical Analysis
1988
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently May 2003
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Simmons v. United States · Neil v. Biggers · Manson v. Brathwaite · State v. Mosley · State v. Lind
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Well, I’ll begin with the motion in its— the aspect of the one-on-one identification of the Defendant by the alleged victim in this case. This is — has been set out in Neil vs. Biggers five factors which the Court should use to evaluate the likelihood of misidentifieation and reliability of the identification. Number one, the opportunity of the witness to view the criminal act at the time of the crime. Number two, the witnesses (sic) degree of attention. Number three, the accuracy of the witness’ prior description of the criminal. Four, the level of certainty demonstrated by the witness at the confrontation and five, the length of time between the crime and the confrontation. And those wouldn’t necessarily address the one-on-one, but really just the identification by the alleged victim of the Defendant. The Court clearly would have preferred a different scenario for having this alleged victim make her identification. It does seem to me that the setting was suggestive in that the Defendant was in handcuffs and he was surrounded by police and there was a spotlight shining on him and no other options were presented to her. But if I follow the Biggers analysis of reliability of the I.D., in spite of the fact that she really no other options before her, it appeared to the Court that she did have a very good opportunity to view the Defendant during the commission of the crime. Her apartment was well lit. She seemed to have a high degree of attention. The description that she gave t”
1 later decision quote this exact passagee.g. State v. Norrid“[T]he opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of his prior description of the criminal, the level of certainty demonstrated at the confrontation, and the time between the crime and the confrontation. Against these factors is to be weighed the corrupting effect of the suggestive identification itself.”
1 later decision quote this exact passagee.g. State v. Norrid
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.