Kimbrough v. Cox’s Empirical Analysis
444 F.2d 8 · 1971
Citation profile
27 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 39 later decisions — most recently June 2021 · most notably United States v. Eatherton (1975), Christian v. United States (1978)
27 federal appellate · 2 district · 7 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 Chapman v. State of California · United States v. Wade · Simmons v. United States · Gilbert v. California · Haywood v. United States
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[C]onvictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside . . . only if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.”
2 later decisions quote this exact passage · from the majority“`the display of pictures of the suspect alone is the most suggestive and therefore the most objectionable method of pre-trial identification.'”
2 later decisions quote this exact passage · from the majority““ * * * Even if the police subsequently follow the most correct photographic identification procedures and show him the pictures of a number of individuals without indicating whom they suspect, there is some danger that the witness may make an incorrect identification. This danger will be increased if the police display to the witness only the picture of a single individual who generally resembles the person he saw * *”
1 later decision quote this exact passage · from the majority
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.