In Re AS.H.’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[plositive identification of a person not previously known to the witness is perhaps the most fearful testimony known to the law of evidence.” Wehrle v. Brooks, 269 F.Supp. 785, 792 (W.D.N.C.1966), aff’d, 379 F.2d 288 (4th Cir.1967). Even if the witness professes certainty,”

   3 later decisions quote this exact passage · from the majority
   e.g. Odemns v. United States · Steward v. United States

2. “The identification of strangers is proverbially untrustworthy. The hazards of such testimony are established by a formidable number of instances in the records of English and American trials. Webster v. United States, 623 A.2d 1198 , 1204 n. 15 (D.C.1993) (quoting Felix FRANKFURTER, THE CASE OF SACCO AND Vanzetti (1927)). This passage by Professor (later Justice) Frankfurter was also quoted in United States v. Wade, 388 U.S. 218, 228 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). See also Wehrle v. Brooks, 269 F.Supp. 785, 792 (W.D.N.C.1966), aff 'd, 379 F.2d 288 (4th Cir.1967) (“[positive identification of a person not previously known to the witness is perhaps the most fearful testimony known to the law of evidence”); accord Webster, supra,, 623 A.2d at 1204 (quoting Wehrle)-, Jackson v. Fogg, 589 F.2d 108, 112 (2d Cir.1978) (“convictions based solely on testimony that identifies a defendant previously unknown to the witness are highly suspect”) (internal brackets omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. Benn v. United States

3. “Where ... the police consider an individual to be a possible perpetrator and a witness makes an initially ambiguous identification, there may develop a process of mutual bolstering which converts initial tentativeness into ultimate certainty. In re Dwayne W., 109 Daily Wash. L. Rptr. 1901 , 1906 (Super. Ct. D.C. 1981). ‘‘The victim relies on the expertise of the officer and the officer upon the victim's identification." Id. (quoting [Judge] Nathan Sobel, Eyewitness Identification, Legal and Practical Problems 12 (1972 & Supp. 1981)).”

   1 later decision quote this exact passage · from the majority
   e.g. Benn v. United States