434 So. 2d 76 - State v. Culpepper’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant bears the burden of establishing that pre-trial identification procedures are suggestive. C.Cr.P. 703. In reviewing the identification procedure, the court must determine whether it was so unnecessarily suggestive and so conducive to an irreparably mistaken identification that the defendant was denied due process of law. State v. Bick-ham, 404 So2d 929 (La.1981). Even if suggestive identification procedures are proven by the defense, it is the likelihood of misidentification and not the mere existence of suggestiveness, which violates due process. Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977), State v. Williams, 375 So2d 364 (La.1979), State, ex rel., Fields v. Maggio, 368 So2d 1016 (La.1979).””

   1 later decision quote this exact passage
   e.g. 502 So. 2d 258 - State v. Guillory

2. “Just when a scientific principle or discovery crosses the line between the experimental and the demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance of the particular field in which it belongs.”

   1 later decision quote this exact passage
   e.g. 493 So. 2d 781 - State v. Free