identification according test (Louisiana) · Go Syfert
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identification according test in Louisiana

12 Louisiana opinions name it 1 courts 2002–2016 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 (2)

CaseFollowedCited
State v. Brealygreen
lactapp · 2001 · cited in 8 Louisiana opinions naming this issue, 2002–2013
2 sentences

2013See State v. Brealy, 2000-2758 (La.App. 4 Cir. 11/7/01) , 800 So.2d 1116 .

2002In Brealy this Court examined the reliability of the identification according to the test set out in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977), where the Supreme Court listed five points of consideration; they are as follows: (1) the opportunity of the witness to view the assailant at the time of the crime; (2) the witness’ degree of attention; (3) the accuracy of the witness’ prior description of the assailant; (4) the level of certainty demonstrated by the witness; and, (5) the length of time between the crime and the confrontation. 800 So.2d at 1121 .

78
State v. Jonesgreen
lactapp · 2010 · cited in 1 Louisiana opinions naming this issue, 2014–2014
2 sentences

2014State v. Jones, p. 7, 2010-0018 (La.App. 4 Cir. 11/10/10) , 51 So.3d 827, 832 .

2014State v. Jones, p. 7, 2010-0018 (La.App. 4 Cir. 11/10/10) , 51 So.3d 827, 832 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Manson v. Brathwaite green
scotus · 1977
2 sentences

2016In reviewing the fact finder’s determination, a reviewing court must examine the reliability of the identification according to the factors established in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977), which are: “1) the opportunity of the witness to view the assailant at the time of the crime; 2) the witness’ degree of attention; 3) the accuracy of the witness’ prior description of the assailant; 4) the level of certainty demonstrated by .the witness; and 5) the length of time between the crime and the confrontation.” Haynes, 2013-0323, pp. 8-9, 144 So.3d at 1088.

2016In reviewing the fact finder’s determination, a reviewing court must examine the reliability of the identification according to the factors established in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977), which are: “1) the opportunity of the witness to view the assailant at the time of the crime; 2) the witness’ degree of attention; 3) the accuracy of the witness’ prior description of the assailant; 4) the level of certainty demonstrated by .the witness; and 5) the length of time between the crime and the confrontation.” Haynes, 2013-0323, pp. 8-9, 144 So.3d at 1088.

122002–2016
State v. Paul green
lactapp · 2012
1 sentence

2013In support of this claim, the defendant cites State v. Paul, 11-252 (La.App. 4 Cir. 4/18/12) , 90 So.3d 1191 , writ denied, 12-1103 (La.11/2/12), 99 So.3d 662 .

12013–2013
State v. Paul neutral
la · 2012
1 sentence

2013In support of this claim, the defendant cites State v. Paul, 11-252 (La.App. 4 Cir. 4/18/12) , 90 So.3d 1191 , writ denied, 12-1103 (La.11/2/12), 99 So.3d 662 .

12013–2013

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:438 (6) LA § La. Rev. Stat. § 14:30.1 (4) LA § La. Rev. Stat. § 14:30 (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

LA 12 (2002–2016) MS 2 (1992–1999)

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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