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← 828 SO2D 631 - State v. Stokes

State v. Stokes’s Empirical Analysis

2002

Citation profile

10
cited by 10 later decisions
1
states following
April 2019
most recently cited

10 state decisions

Relationships

Relies on Jackson v. Virginia · Brady v. State of Maryland · Neil v. Biggers · Manson v. Brathwaite · State v. Dorthey

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

  1. “A lineup is unduly suggestive if the procedure used focuses attention on the defendant. For example, distinguishing marks on the photos may single out the accused, or suggestiveness can arise if sufficient resemblance of physical characteristics and features does not reasonably test identification. State v. Tucker, 591 So.2d 1208, 1213 (La.App. 2d Cir. 1991) writ denied, 594 So.2d 1317 (La.1992), citing State v. Robinson, 386 So.2d 1374 (La.1980). Photographs used in a lineup are suggestive if they display the defendant so singularly that the witness's attention is unduly focused on the defendant. State v. Smith, 430 So.2d 31 (La.1983); State v. Tucker, supra . It is not required that each person whose photograph is used in the lineup have the exact physical characteristics as the defendant. What is required is a sufficient resemblance to reasonably test the identification. State v. Smith, supra ; State v. Davis [27,961 (La.App. 2d Cir. 4/8/96), 672 So.2d 428 , writ denied, 97-383 (La. 10/31/97), 703 So.2d 12 ].”
    1 later decision quote this exact passage
  2. “Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.”
    1 later decision quote this exact passage

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.