Jackson v. State’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “admissible as long as the record clearly reveals that the witness' prior observation of the accused was sufficient to serve as an independent origin for the in-court identification, [citations omitted.]”

   3 later decisions quote this exact passage
   e.g. Casey v. State · Vester v. State

2. ““It is, first of all, apparent that the primary evil to be avoided is ‘a very substantial likelihood of irreparable mis-identification.’ Simmons v. United States, 390 U.S. [377,] 384, 88 S.Ct. 967 , 19 L.Ed.2d 1247 [(1968)]. While the phrase was coined as a standard for determining whether an in-court identification would be admissible in the wake of a suggestive out-of-court identification, with the deletion of ‘irreparable’ it serves equally well as a standard for the admissibility of testimony concerning the out-of-court identification itself. It is the likelihood of misidentification which violates a defendant’s right to due process, and it is this which was the basis of the exclusion of evidence.... Suggestive confrontations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the further reason that the increased chance of misidentification is gratuitous. But ... the admission of evidence of a showup without more does not violate due process.””

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