Jackson v. Fogg’s Empirical Analysis
589 F.2d 108 · 1978
Citation profile
35 federal appellate · 3 district · 11 state decisions
How this case has been cited
Cited by 77 later decisions — most recently May 2018 · most notably 37 Cal. 3d 351 - People v. McDonald (1984), United States v. Concepcion (1992)
35 federal appellate · 3 district · 11 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Wade · Simmons v. United States · Neil v. Biggers · Manson v. Brathwaite · Patterson 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Centuries of experience in the administration of criminal justice have shown that convictions based solely on testimony that identifies a defendant previously unknown to the witness [are] highly suspect. Of all the various kinds of evidence it is the least reliable, especially where unsupported by corroborating evidence.”
6 later decisions quote this exact passage · from the majority““[T]he two-step process suggested in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1973), [for determining whether a constitutional violation exists] requires a determination of whether the identification process was impermissibly suggestive and, if so, whether it was so suggestive as to raise ‘a very substantial likelihood of irreparable misidentification.’ Id. at 198 , 93 S.Ct. at 381 , citing Simmons v. United States, 390 U.S. 377, 384 , 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968), see Manson v. Brathwaite, 432 U.S. 98, 114 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977).” Jackson v. Fogg, 589 F.2d 108, 111 (2d Cir. 1978).”
3 later decisions quote this exact passage · from the majoritye.g. Simon v. Kuhlman · Solomon v. Smith“the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.”
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.