State v. Todd’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One of the issues in this case is the identification of Darryl B. Jones as the perpetrator of the crime. On that issue you are instructed as follows: 1. The State has the burden of proving beyond a reasonable doubt that Darryl B. Jones is the person who committed the crime. 2. It is not essential that the identifying witness be free from doubt as to the correctness of his identification. However, you, the jury must be satisfied beyond a reasonable doubt of the accuracy of the identification of Darryl B. Jones before you may return a verdict of guilty. If you are not convinced beyond a reasonable doubt that Darryl B. Jones is the person who committed the crime, you must find him not guilty. 3. Identification testimony is an expression of belief or impression by the witness. In appraising identification testimony you should consider the following: A) The opportunity and capacity of the witness to observe the offender at the time of the offense: This as affected (sic) by how long or short a time was available, how far or how close the witness was, how good lighting conditions were, whether the witness had occasion to see or know the offender in the past. B) The circumstances of an identification subsequent to the offense: This is effected by the witness’ capacity for recollection, the length of time from he (sic) occurrence of the offense to the next opportunity of the witness to make an identification, the number and appearance of other individuals with the defendant when the i”

   1 later decision quote this exact passage
   e.g. State v. Jones