State v. Araki’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the defendant challenges admissibility of eyewitness identification on the grounds of impermissibly suggestive pretrial identification procedure, he or she has the burden of proof, and the court, trial or appellate, is faced with two questions: (1) whether the procedure was impermissibly or unnecessarily suggestive; and (2) if so, whether, upon viewing the totality of. the circumstances, such as opportunity to view at the time of the crime, the degree of attention, and the elapsed time, the witness’s identification is deemed sufficiently reliable so that it is worthy of presentation to and consideration by the jury.”

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

2. “to determine whether the ruling was “right” or “wrong.” The proponent of the motion to suppress has the burden of establishing, by a preponderance of the evidence, that the statements or items sought to be excluded were unlawfully secured and that his or her right to be free from unreasonable searches or seizures was violated under the fourth amendment to the United States Constitution and article I, section 7 of the Hawai'i Constitution.”

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

3. “the proponent of a motion to suppress has the burden of establishing not only that the evidence sought to be excluded was unlawfully secured, but also, that his or her own ... rights were violated”

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