McDoulett v. State’s Empirical Analysis

Citation profile

1 federal appellate · 31 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] cautionary instruction is not necessary if the following conditions are met: (1) If there was a good opportunity for positive identification; (2) if the witness is positive in his identification; (3) if the identification is not weakened by prior failure to identify; and (4) if the witness remains positive as to the identification, even after cross-examination.”

   3 later decisions quote this exact passage
   e.g. MASON v. STATE · Bristol v. State

2. “[i]n cases in which the eyewitness identification is a critical element of the prosecution's case and serious questions exist concerning the reliability of that identification, a cautionary instruction should be given which advises the jury regarding the factors to be considered.”

   2 later decisions quote this exact passage
   e.g. Hamby v. State · MASON v. STATE

3. ““Thus, in cases in which the eyewitness identification is a critical element of the prosecution’s case and serious questions exist concerning the reliability of that identification, a cautionary instruction should be given which advises the jury regarding the factors to be considered.... We find that the circumstances set forth in Kloiber and in OUJI-CR 820 should not be viewed as exclusive. Another factor that should be considered in determining the need for a cautionary instruction is the accuracy of the witness’ prior description of the assailant.” McDoulett at 980-981 .”

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