five factor test in Louisiana

16 Louisiana opinions name it 1 courts 1984–2018 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Kinney v. Bourgeoisgreen la · 2008 · cited in 4 Louisiana opinions naming this issue, 2009–2018 2 sentences 2018App. 1 Cir. 9/14/07), 2007 WL 2686113 , (unpublished), writ denied , 2007-2026 (La. 1/7/08), 973 So.2d 730 . 2018App. 1 Cir. 9/14/07), 2007 WL 2686113 , (unpublished), writ denied , 2007-2026 (La. 1/7/08), 973 So.2d 730 .	2	4
KILROY KINNEY v. Bourgeoisgreen lactapp · 2007 · cited in 2 Louisiana opinions naming this issue, 2009–2010 2 sentences 2010See Kinney v. Bourgeois, 06-2384 (La.App. 1 Cir. 9/14/07) , 962 So.2d 1234 (table) writ denied, 07-2026 (La.1/7/08), 973 So.2d 730 . . 2009See Kinney v. Bourgeois, 2006-2384 (La.App. 1 Cir. 9/14/07) , 962 So.2d 1234 (table), writ denied, 2007-2026 (La. 1/7/08), 973 So.2d 730 .	2	2
Idaho v. Wrightgreen scotus · 1990 · cited in 1 Louisiana opinions naming this issue, 2009–2009 2 sentences 2009The failure to videotape interviews with alleged child victims, the use of blatantly leading questions, and the presence of an interviewer with a preconceived idea of what the child should be disclosing, in addition to the children's susceptibility to suggestive questioning, all indicate the potential for the elicitation of unreliable information. 136 N.J. 299 at 312 , 642 A.2d 1372 at 1378 , citing Idaho v. Wright, 497 U.S. 805, 812-13 , 110 S.Ct. 3139, 3145 , 111 L.Ed.2d 638, 650 (1990). [3] This Court, in an unpublished opinion, adopted the five factor analysis utilized by the Goodwin court 2009The failure to videotape interviews with alleged child victims, the use of blatantly leading questions, and the presence of an interviewer with a preconceived idea of what the child should be disclosing, in addition to the children's susceptibility to suggestive questioning, all indicate the potential for the elicitation of unreliable information. 136 N.J. 299 at 312 , 642 A.2d 1372 at 1378 , citing Idaho v. Wright, 497 U.S. 805, 812-13 , 110 S.Ct. 3139, 3145 , 111 L.Ed.2d 638, 650 (1990). [3] This Court, in an unpublished opinion, adopted the five factor analysis utilized by the Goodwin court	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Manson v. Brathwaite green scotus · 1977 2 sentences 2015Further, in State v. Taylor, supra at 482-3 , the court set out instructive factors concerning suggestive circumstances and the likelihood of misidentification as follows: [T]he United States Supreme Court’s decision in Manson v. Brathwaite ( 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)) is instructive, and provides a five factor test: 1) the witness’s opportunity to view the defendant at the time the crime was committed; 2) the degree of attention paid by the witness during the commission of the crime; 3) the accuracy of any prior description; 4) the level of the witness’s certainty di 2015Further, in State v. Taylor, supra at 482-3 , the court set out instructive factors concerning suggestive circumstances and the likelihood of misidentification as follows: [T]he United States Supreme Court’s decision in Manson v. Brathwaite ( 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)) is instructive, and provides a five factor test: 1) the witness’s opportunity to view the defendant at the time the crime was committed; 2) the degree of attention paid by the witness during the commission of the crime; 3) the accuracy of any prior description; 4) the level of the witness’s certainty di	6	1984–2015
Neil v. Biggers green scotus · 1972 2 sentences 1985The United States Supreme Court in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 , reviewed a five factor test for determining the admissibility of identification testimony, as previously set forth in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). 1985The United States Supreme Court in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 , reviewed a five factor test for determining the admissibility of identification testimony, as previously set forth in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972).	6	1985–1995
State v. Savoy green lactapp · 1986 2 sentences 1995Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972); State v. Savoy, 501 So.2d 819 (La.App. 4th Cir.1986), writ den. 502 So.2d 576 (1987); State v. Dawson, 490 So.2d 560 (La.App. 4th Cir.1986). 1989Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972); State v. Savoy, 501 So.2d 819 (La.	2	1989–1995
State v. Guillot green la · 1977 2 sentences 1984Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977); State v. Guillot, supra; State v. Clark, supra. A five factor test is generally used for determining when an identification is reliable and independent of a primary taint. 1984Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977); State v. Guillot, supra; State v. Clark, supra. A five factor test is generally used for determining when an identification is reliable and independent of a primary taint.	2	1984–1984
State v. Clark green lactapp · 1983 2 sentences 1984Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977); State v. Guillot, supra; State v. Clark, supra. A five factor test is generally used for determining when an identification is reliable and independent of a primary taint. 1984Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977); State v. Guillot, supra; State v. Clark, supra. A five factor test is generally used for determining when an identification is reliable and independent of a primary taint.	2	1984–1984
State v. Taylor green la · 2010 1 sentence 2015Further, in State v. Taylor, supra at 482-3 , the court set out instructive factors concerning suggestive circumstances and the likelihood of misidentification as follows: [T]he United States Supreme Court’s decision in Manson v. Brathwaite ( 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)) is instructive, and provides a five factor test: 1) the witness’s opportunity to view the defendant at the time the crime was committed; 2) the degree of attention paid by the witness during the commission of the crime; 3) the accuracy of any prior description; 4) the level of the witness’s certainty di	1	2015–2015
State v. Michaels green nj · 1994 2 sentences 2009The failure to videotape interviews with alleged child victims, the use of blatantly leading questions, and the presence of an interviewer with a preconceived idea of what the child should be disclosing, in addition to the children's susceptibility to suggestive questioning, all indicate the potential for the elicitation of unreliable information. 136 N.J. 299 at 312 , 642 A.2d 1372 at 1378 , citing Idaho v. Wright, 497 U.S. 805, 812-13 , 110 S.Ct. 3139, 3145 , 111 L.Ed.2d 638, 650 (1990). [3] This Court, in an unpublished opinion, adopted the five factor analysis utilized by the Goodwin court 2009The failure to videotape interviews with alleged child victims, the use of blatantly leading questions, and the presence of an interviewer with a preconceived idea of what the child should be disclosing, in addition to the children's susceptibility to suggestive questioning, all indicate the potential for the elicitation of unreliable information. 136 N.J. 299 at 312 , 642 A.2d 1372 at 1378 , citing Idaho v. Wright, 497 U.S. 805, 812-13 , 110 S.Ct. 3139, 3145 , 111 L.Ed.2d 638, 650 (1990). [3] This Court, in an unpublished opinion, adopted the five factor analysis utilized by the Goodwin court	1	2009–2009
State v. Dawson green lactapp · 1986 1 sentence 1995Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972); State v. Savoy, 501 So.2d 819 (La.App. 4th Cir.1986), writ den. 502 So.2d 576 (1987); State v. Dawson, 490 So.2d 560 (La.App. 4th Cir.1986).	1	1995–1995
Sanchez v. Sanchez green la · 1987 1 sentence 1995Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972); State v. Savoy, 501 So.2d 819 (La.App. 4th Cir.1986), writ den. 502 So.2d 576 (1987); State v. Dawson, 490 So.2d 560 (La.App. 4th Cir.1986).	1	1995–1995
State v. Bickham green la · 1981 1 sentence 1990State v. *1330 Bickham, 404 So.2d 929 (La.1981); State v. Tally, 446 So.2d 455 (La.App. 4th Cir.1984) Further, the United States Supreme Court enunciated a five factor test in determining whether an identification is reliable: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the criminal; (4) the level of certainty demonstrated by the witness; and (5) the length of time between the crime and the identification.	1	1990–1990
State v. Talley neutral lactapp · 1984 1 sentence 1990State v. *1330 Bickham, 404 So.2d 929 (La.1981); State v. Tally, 446 So.2d 455 (La.App. 4th Cir.1984) Further, the United States Supreme Court enunciated a five factor test in determining whether an identification is reliable: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the criminal; (4) the level of certainty demonstrated by the witness; and (5) the length of time between the crime and the identification.	1	1990–1990
State v. Nathan green lactapp · 1983 1 sentence 1988NOTES [1] Defendant additionally argued in brief that his identification by Jesse Chase and Jacqueline Payne failed to meet the five factor test for reliability set forth in State v. Nathan, 444 So.2d 231 (La.App. 1st Cir.1983), writ denied, 445 So.2d 1232 (La.1984).	1	1988–1988
State v. Nathan green la · 1984 1 sentence 1988NOTES [1] Defendant additionally argued in brief that his identification by Jesse Chase and Jacqueline Payne failed to meet the five factor test for reliability set forth in State v. Nathan, 444 So.2d 231 (La.App. 1st Cir.1983), writ denied, 445 So.2d 1232 (La.1984).	1	1988–1988

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:64 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 26 (2007–2017) LA 16 (1984–2018) MN 9 (1984–2016) PA 5 (1985–2025) IN 4 (1996–2012) WV 4 (1981–2017) TN 4 (1999–2018) WY 3 (1988–1999) ID 3 (1994–2001) SC 3 (2010–2024) HI 3 (2019–2026) IL 3 (1998–2020) WI 2 (1980–1986) MD 2 (1977–2018) OK 2 (1988–2006) AR 2 (2025–2026) ND 2 (2007–2007) FL 2 (1998–1998) IA 2 (1994–2016) CT 2 (2003–2009) TX 2 (2006–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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