State v. Ramirez’s Empirical Analysis

Citation profile

166 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [T]he opportunity of the witness to view the actor during the event; (2) the witness’s degree of attention to the actor at the time of the event; (3) the witness’s capacity to observe the event, including his or her physical and mental acuity; (4) whether the witness’s identification was made spontaneously and remained consistent thereafter, or whether it was the product of suggestion; and (5) the nature of the event being observed and the likelihood that the witness would perceive, remember and relate it correctly. This last area includes such factors as whether the event was an ordinary one in the mind of the observer during the time it was observed, and whether the race of the actor was the same as the observer’s.”

   18 later decisions quote this exact passage
   e.g. State v. Rivera · State v. Mincy

2. “'assume that the trier of facts found them in accord with its decision, and we affirm the decision if from the evidence it would be reasonable to find facts to support it.’ ” Id. at 787-88 (footnote omitted) (quoting Mower v. McCarthy, 122 Utah 1 , 245 P.2d 224, 226 (1952)). However,”

   10 later decisions quote this exact passage
   e.g. Valcarce v. Fitzgerald · State v. Lopez

3. “[the ultimate question to be determined is whether, under the totality of the cireumstances, the identification was reliable,”

   5 later decisions quote this exact passage
   e.g. State v. Perry · State v. Diaz