Thomas v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"YOU ARE INSTRUCTED that identification testimony is an expression of belief or impression by the witnesses. Its value depends on the opportunity the witnesses had to observe the offender at the time of the offense and to make a reliable identification later. "Whether the witnesses had an adequate opportunity to observe the offender at the time of the offense will be affected by such matters as how long or short of time was available, how far or close the witnesses were, how good were lighting conditions, the confusion of the moment, the possible likeness or similarity to other persons. "You may take into account both the strength of the identifications, and the circumstances under which the identifications were made. "If the identifications by the witnesses may have been influenced by the circumstances under which Defendant's picture was presented to them for identification, you should scrutinize the identifications with great care. You may also consider the length of time that lapsed between the occurrence of the crime and the next opportunity of the witnesses to see that Defendant, as a factor bearing on the reliability of the identifications. "The burden of proof on the State extends to every element of the crime charged, and you have been instructed in another instruction that this includes the burden of proof and beyond a reasonable doubt the identity of the Defendant as a perpetrator of the crimes with which he stands charged."”

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

2. “`a skillful effort to induce the trial court to argue the case for the defense through its instructions.'”

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

3. “stand for the proposition that eyewitness identification testimony is inherently suspect in all cases.”

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