797 So. 2d 764 - State v. Offray’s Empirical Analysis
2001
Citation profile
21
cited by 21 later decisions
1
states following
May 2018
most recently cited
21 state decisions
Relationships
Relies on Jackson v. Virginia · Neil v. Biggers · Manson v. Brathwaite · Sullivan v. Louisiana · 523 So. 2d 1305 - State v. Mussall
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The U.S. Supreme Court has set forth a five-factor test to determine whether 'a suggestive identification is reliable: (1) the opportunity of the witness to view the assailant at the time of the crime; (2) the witness’s degree of attention; (3) the accuracy of the witness’s prior description of the assailant; (4) the level of certainty demonstrated by the witness; and (5) the length of time between the crime and the confrontation. Manson v. Brathwaite, supra; Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). In evaluating the defendant’s argument, the reviewing court may consider all pertinent evidence adduced at the trial, as well as at the hearing on the motion to suppress the identification. State v. Higgins, 01-368 (La.App. 5 Cir, 10/18/01), 800 So.2d 918 ; State v. Clennon, 98-1370 (La.App. 5 Cir. 6/30/99) , . 738 So.2d 161, 164 . A trial court’s determination on the admissibility of identification evidence is entitled to great weight and will not be disturbed on appeal in the absence of an abuse of discretion. State v. Bickham, 404 So.2d 929 (La.1981); State v. Offray, 2000-0959 (La.App. 4 Cir. 9/26/01) , 797 So.2d 764 .”
1 later decision quote this exact passage“[a] trial judge's determination on the admissibility of an identification should be accorded great weight and will not be disturbed on appeal unless the evidence reveals an abuse of discretion.”
1 later decision quote this exact passage“[a]n irregularity or error cannot be availed of after verdict unless it was objected to at the time of occurrence.”
1 later decision quote this exact passagee.g. State v. Ashford
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.