97 So. 3d 554 - State v. Cyrus’s Empirical Analysis
2012
Citation profile
19
cited by 19 later decisions
1
states following
February 2019
most recently cited
19 state decisions
Relationships
Relies on Crawford v. Washington · Manson v. Brathwaite · Davis v. Washington · 603 So. 2d 731 - State v. Hearold · State v. Williams
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A trial court’s determination of the admissibility of identification evidence is entitled to great weight and will not be disturbed in the absence of an abuse of discretion. State v. Stovall, 2007-0343, p. 17 (La.App. 4 Cir. 2/6/08), 977 So.2d 1074, 1085 . The defendant bears the burden of proving that an out-of-court identification was suggestive and that there was a substantial likelihood of misidentification as a result of the identification procedure. State v. Ballett, 98-2568, p. 17 (La.Ap. 4 Cir. 3/15/00), 756 So.2d 587, 597 ; State v. Martello, 98-2066, p. 8 (La.App. 4 Cir. 11/17/99), 748 So.2d 1192, 1198 . A defendant must first prove that the identification was suggestive. State v. Thibodeaux, 98-1673, pp. 20-21 (La.9/8/99), 750 So.2d 916, 932 . An identification procedure is suggestive if it “unduly” focuses attention on the defendant. State v. Moore, 2010-0314, p. 8 (La.App. 4 Cir. 10/13/10), 57 So.3d 1033, 1039 , writ denied, 2011-0404 (La.9/2/11), 68 So.2d 525 . In addition to suggestiveness, a defendant must prove that there was a substantial likelihood of misidentification as a result of the identification 17procedure. State v. Robinson, 2009-0922, p. 3 (La.App. 4 Cir. 3/10/10), 50 So.3d 158 , 161. Despite the existence of a suggestive pretrial identification, an identification may be permissible if there does not exist a “very substantial likelihood of irreparable misidentification.” Manson v. Brathwaite, 432 U.S. 98, 116 , 97 S.Ct. 2243, 2254 , 58 L.Ed.2d 140”
1 later decision quote this exact passage“A trial court's ruling as to the admissibility of evidence will not be disturbed absent a clear abuse of discretion.”
1 later decision quote this exact passagee.g. State v. Daniels
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.