539 So. 2d 337 - Nickerson v. State’s Empirical Analysis

1988

Citation profile

cited by 3 later decisions

states following

November 2007

most recently cited

3 state decisions

Relationships

Relies on Batson v. Kentucky · Allen v. United States · Foster v. California · Jones v. Howard · Bottoson v. Florida

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.

“"`The fact, in and of itself, that there was some slight discrepancy in physical appearance among the participants of a lineup does not taint that identification procedure or render it suggestive as a matter of law. Tate v. State , 346 So.2d 515 (Ala.Cr.App. 1977). "`"[T]he disparate physical appearances of the lineup participants is not alone sufficient to warrant a finding of suggestiveness. Caver v. Alabama , supra, 537 F.2d 1333 (5 Cir. 1976), cert. denied, 430 U.S. 910 , 97 S.Ct. 1183 , 51 L.Ed.2d 587 (1977); United States v. Reid , 517 F.2d 953 , 965-66 , n. 15 (2 Cir. 1975); United States ex rel. Pella v. Reid , 527 F.2d 380 , 384 (2 Cir. 1975); United States v. Jackson , 166 U.S.App. D.C. 166, 172, 509 F.2d 499 , 505 (1974). `Police stations are not theatrical casting offices; a reasonable effort to harmonize the lineup is normally all that is required.' United States v. Lewis , 547 F.2d 1030 , 1035 (8 Cir. 1976), cert. denied, 429 U.S. 1111 , 97 S.Ct. 1149 , 51 L.Ed.2d 566 (1977)." Swicegood v. Alabama , 577 F.2d 1322 , 1327 (5 Cir. 1978).' " Lewis v. State , 399 So.2d 907 , 909 (Ala.Cr.App. 1981). See also Crawford v. State , 485 So.2d 391 (Ala.Cr.App. 1986); Jones v. State , 439 So.2d 824 (Ala.Cr.App. 1983)."”
1 later decision quote this exact passage
e.g. 997 So. 2d 1049 - BENDOLPH v. State
“The quality of a victim's description of the perpetrator goes to the weight and the credibility of the victim's identification rather than its admissibility.”
1 later decision quote this exact passage
e.g. Johnson v. State
“Swicegood v. Alabama , 577 F.2d 1322 , 1327 (5 Cir. 1978).'”
1 later decision quote this exact passage
e.g. 997 So. 2d 1049 - BENDOLPH v. State

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.