State v. Nelson’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. “Whether a trial court is required to make findings of fact and legally determine the reliability of an eyewitness identification before admitting such testimony is a question of law, which we review for correctness.”

   2 later decisions quote this exact passage
   e.g. 2010 UT App 155 - STATE EX REL. KO v. State · K.O. v. State

2. “1) the opportunity of the witness to view the actor during the event; 2) the witness’s degree of attention to the actor at the time of the event; 3) the witness’s capacity to observe the event, including his or her physical and mental acuity; 4) whether the witness’s identification was made spontaneously and remained consistent thereafter, or whether it was the product of suggestion; and 5) the nature of the event being observed and the likelihood that the witness would perceive, remember and relate it correctly.”

   1 later decision quote this exact passage
   e.g. 2004 UT App 211 - State v. Guzman

3. “Once admitted, the jury determines the weight to credit identification] evidence and is the ultimate finder of fact.”

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