Sears v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ * * * [W]e recently addressed the propriety of such pre-court identification in Campbell v. State, Wyo., 589 P.2d 358 (1979). We there examined the current status of the law relative thereto and made reference to the pertinent authorities. It would be redundant to again review the matter here except to note the conclusions therein reached relative to the issue. We there concluded that the consideration is whether or not there is a very substantial likelihood of irreparable misidenti-fication upon a totality of the circumstances ; that the pretrial identification evidence is admissible if it possesses features of reliability despite a suggestive aspect; and that in making the determination of reliability, the following factors should be weighed against the corrupting effect of the suggestive identification itself: “ ‘1. Opportunity of the witness to view the criminal at the time of the crime; “ ‘2. The witness’ degree of attention; “ ‘3. The accuracy of his prior description of the criminal; “ ‘4. The level of certainty demonstrated at the confrontation; and “ ‘5. The time between the crime and the confrontation.’ (Emphasis in original.)” (Footnote omitted.) Sears v. State, Wyo., 632 P.2d 946, 947-948 (1981).”

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

2. “The question here for the jury was not whether appellant committed the crime of third degree sexual assault but was whether he intended to commit such crime when he entered the dwelling without consent of the person in lawful possession of it. To be convicted, he need not even attempt to commit the third degree sexual assault. He need only to have intended to do so. Mainville v. State, Wyo., 607 P.2d 339 (1980). If the jury believed beyond a reasonable doubt from the evidence here placed before them that appellant intended to commit the crime of third degree sexual assault when he entered the apartment or victim's room without permission, a verdict of guilty could be returned without consideration as to whether or not he actually committed the crime of third degree sexual assault or attempted to do so.”

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

3. “Even without an emergency in the nature of the questionable survival of the witness, on-the-scene identifications by virtue of a one-man ,show-up are generally allowed. Importance is attached to the necessity to exonerate those enmeshed in the incident because of their proximity to it or because of other indications of possible involvement, and importance is also attached to the fresh memory of the witness and the necessity for immediate action by the police.”

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