State v. Turner’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““defense counsel’s failure to restate her request for a cautionary instruction is not fatal to defendant’s appeal. Counsel made and argued her objection to the best of her ability. The trial justice denied her motion to pass the case and only reluctantly took her request for a cautionary instruction under advisement. In these circumstances we see no reason to require counsel to repeat her objection and request for a cautionary instruction in a situation in which it would apparently be futile to do so.” Id. at 874 .”

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

2. ““[1] the opportunity of the witness to view the criminal at the time of the crime, [2] the witness’ degree of attention, [3] the accuracy of the witness’ prior description of the criminal, [4] the level of certainty demonstrated by the witness at the confrontation, and [5] the length of time between the crime and the confrontation.” Id. (quoting Biggers, 409 U.S. at 199-200 , 93 S.Ct. at 382 , 34 L.Ed.2d at 411 ).”

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

3. “We have expressly stated that such a per se rule would 'often frustrate rather than promote justice in situations wherein an identification is reliable despite its unnecessarily suggestive nature.'”

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