People v. Monroe’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Contrary to the People’s suggestion, Colorado law recognizes that in-court identifications may be per se impermissibly suggestive because the physical arrangement of the courtroom demonstrates to the witness that it is the defendant who is charged. Thus, even though a witness has not participated in any pre-trial identification procedure, the People are nonetheless required to make the same showing on such testimony as would he necessary had the mtness been subjected to an impermis-sibly suggestive pre-trial procedure. People v. Walker, 666 P.2d 113 (Colo.1983). The People have the burden of establishing by clear and convincing evidence that the in-eourt identification is based upon the witness’ prior independent observations of the defendant. In determining whether the witness possesses such an independent basis, the court considers five factors: (1) the opportunity of the witness to view the criminal at the time in question; (2) the witness’ degree of attention; (3) the accuracy of any prior description of the criminal by the witness; (4) the level of certainty demonstrated by the witness at the later confrontation; and (5) the time which has elapsed between the crime and the confrontation. People v. Walker, supra.”

   1 later decision quote this exact passage
   e.g. People v. Monroe

2. “may not have been such as to require the court to authorize [counsel's] withdrawal,”

   1 later decision quote this exact passage
   e.g. People v. Roberts

3. “proper basis upon which the court [could] authorize such withdrawal.”

   1 later decision quote this exact passage
   e.g. People v. Roberts