828 So. 2d 894 - Ex Parte Appleton’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘(1) the opportunity of the witness to view the criminal at the time of the crime, (2) the witness’s degree of attention, (3) the accuracy of the witness’s prior description of the criminal, (4) the level of certainty demonstrated by the witness at the confrontation, and (5) the length of time between the crime and the confrontation.’ ””

   3 later decisions quote this exact passage · from the dissent
   e.g. Ex Parte Wimes · 7 So. 3d 1068 - Connell v. State

2. ““The record before us contains too much evidence of [a substantial likelihood of irreparable misidentification] for us to approve the use of Flores’s identification of Appleton. First, Flores admitted in his testimony that assumptions based on Sergeant Youngblood’s conduct affected [his] identification of Appleton. Second, Appleton’s accouterments, actually seized from him by the police, did not match Flores’s pre-showup description. The clothes and boots seized differed in color from those described by Flores before the showup. Even more significantly, while the police seized a nine-millimeter black Beretta pistol from Appleton, Flores, who prided himself on his ability to distinguish between a nine-millimeter pistol and a .45-caliber pistol, had told police that the weapon held by the robber who matched Appleton’s stature was ‘a .45, ... blue nickel with a brown handle.’ These inconsistencies tend to prove a misidentification.””

   1 later decision quote this exact passage · from the dissent
   e.g. Ex Parte Wimes

3. ““‘The danger inherent in a one-man showup, where a witness is shown a single suspect and asked, “Is that the man?” is twofold. First, a one-man showup conveys a clear message that “the police suspect this man.” Second, a one-man showup does not give the witness a choice of identifying another person as being the perpetrator of the crime charged. Consequently, when a one-man showup is used to identify the perpetrator of a crime, the reliability of the witness’s identification is not put to an objective test, such as a live or photographic lineup, in which a single suspect must be chosen from a group of persons possessing similar physical characteristics.’ ””

   1 later decision quote this exact passage
   e.g. Ex Parte Wimes