State v. Robinson’s Empirical Analysis

Citation profile

70 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[7-9] The linchpin of due process in identification questions is reliability, rather than suggestiveness. Manson v. Brathwaite, 432 U.S. 98, 114 , 97 S.Ct. 2243, 2253 , 53 L.Ed.2d 140 (1977). Where an in-court identification is reliable, it will not be invalidated because out-of-court identification procedures are suggestive. State v. Kirk, 636 S.W.2d 952, 955 (Mo.1982). In determining reliability, the court looks at the ‘totality of the circumstances,’ including the opportunity of the witness to view the criminal at the time of the crime; the witness’s degree of attention; the accuracy of the witness’s 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. State v. Charles, 612 S.W.2d 778, 780 (Mo. banc 1981).”

   3 later decisions quote this exact passage
   e.g. State v. Motley · State v. Carter

2. “Merely stating that the evidence is `uncontradicted' or that a defendant has failed to offer evidence is not a direct and certain reference.”

   3 later decisions quote this exact passage
   e.g. State v. Bockes · State v. Lee

3. “After the state’s evidence which told you that he was there, that Glen Robinson was there and committed murder, the defense had the opportunity to put on any evidence that they wanted to and all that they did was introduce two photos. The evidence is overwhelming and uncontradicted. They have the opportunity and are allowed to put on any evidence they want. State’s evidence— we went forward ... the evidence is uncontradicted. And the evidence points to one thing, that Glen Robinson is the man that murdered Thomas Laman (emphasis added).”

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