Burks v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an indictment must state the name of the victim of an offense where that is an element of the offense....”

   6 later decisions quote this exact passage
   e.g. Abdur Rahim Ambrose v. State of Mississippi · Berry v. State

2. “[p]retrial photograph identifications have been generally upheld if the witnesses view the photographs separately and if there is no emphasis placed on certain photographs as opposed to others.”

   2 later decisions quote this exact passage
   e.g. 928 So. 2d 840 - Isom v. State · 966 So. 2d 894 - Denham v. State

3. “(1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the criminal; (4) the level of certainty exhibited by the witness at the confrontation; and (5) the time between the crime and the confrontation.”

   1 later decision quote this exact passage
   e.g. 928 So. 2d 840 - Isom v. State