Biggers factors (Washington) · Go Syfert
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Biggers factors in Washington

11 Washington opinions name it 1 courts 2001–2025 7 in the last five years

The cases below were cited by Washington 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)

CaseFollowedCited
Neil v. Biggersgreen
scotus · 1972 · cited in 4 Washington opinions naming this issue, 2012–2025
2 sentences

2025The “substantial likelihood of irreparable misidentification” is measured against five indicia of reliability enumerated in Biggers, 409 U.S. at 198 (the “Biggers factors”).

2024Derri, 199 Wn.2d 658 at 674-75 (citing Neil v. Biggers, 409 U.S. 188 , 93 S. Ct. 375 , 34 L.

14
State v. Vaughngreen
wash · 1984 · cited in 3 Washington opinions naming this issue, 2001–2021
2 sentences

2021Biggers, 409 U.S. at 199-200 ; see also Vaughn, 101 Wn.2d at 608 .

2021Biggers, 409 U.S. at 199-200 ; see also Vaughn, 101 Wn.2d at 608 .

13
State v. Vickersgreen
washctapp · 2001 · cited in 1 Washington opinions naming this issue, 2021–2021
2 sentences

2021See State v. Vickers, 107 Wn.

2021See State v. Vickers, 107 Wn.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
State v. Classen green
or · 1979
2 sentences

2025The trial court distinguished its ruling as to the in-court identification 4 State v. Classen, 285 Or. 221, 232 , 590 P.2d 1198 (1979), abrogated on other grounds by State v. Haugen, 361 Or. 284 , 392 P.3d 306 (2017). 18 85952-8/19 explaining that “my exclusion for what [Hood] could do in court was zeroing in on the one person who is sitting at that table, and saying ‘Oh, that’s the guy’.

2025The trial court distinguished its ruling as to the in-court identification 4 State v. Classen, 285 Or. 221, 232 , 590 P.2d 1198 (1979), abrogated on other grounds by State v. Haugen, 361 Or. 284 , 392 P.3d 306 (2017). 18 85952-8/19 explaining that “my exclusion for what [Hood] could do in court was zeroing in on the one person who is sitting at that table, and saying ‘Oh, that’s the guy’.

12025–2025
State v. Haugen green
or · 2017
2 sentences

2025The trial court distinguished its ruling as to the in-court identification 4 State v. Classen, 285 Or. 221, 232 , 590 P.2d 1198 (1979), abrogated on other grounds by State v. Haugen, 361 Or. 284 , 392 P.3d 306 (2017). 18 85952-8/19 explaining that “my exclusion for what [Hood] could do in court was zeroing in on the one person who is sitting at that table, and saying ‘Oh, that’s the guy’.

2025The trial court distinguished its ruling as to the in-court identification 4 State v. Classen, 285 Or. 221, 232 , 590 P.2d 1198 (1979), abrogated on other grounds by State v. Haugen, 361 Or. 284 , 392 P.3d 306 (2017). 18 85952-8/19 explaining that “my exclusion for what [Hood] could do in court was zeroing in on the one person who is sitting at that table, and saying ‘Oh, that’s the guy’.

12025–2025
State v. Henderson green
nj · 2011
2 sentences

2023Id. at 686. “‘Estimator variables’ are environmental or individual variables not under the control of the police but ‘equally capable of affecting an eyewitness’ ability to perceive and remember an event.’” Id. at 676 (quoting State v. Henderson, 208 N.J. 208 , 27 A.3d 872 (2011)).

2023Id. at 686. “‘Estimator variables’ are environmental or individual variables not under the control of the police but ‘equally capable of affecting an eyewitness’ ability to perceive and remember an event.’” Id. at 676 (quoting State v. Henderson, 208 N.J. 208 , 27 A.3d 872 (2011)).

12023–2023
Manson v. Brathwaite green
scotus · 1977
2 sentences

2022Id. at 116 . -8- No. 82321-3-I/9 This court reviews a trial court’s admission of evidence for abuse of discretion.

2022Id. at 116 . -8- No. 82321-3-I/9 This court reviews a trial court’s admission of evidence for abuse of discretion.

12022–2022
State v. Head green
wash · 1998
1 sentence

2018Head, 136 Wn.2d at 621-23 . 6 No. 76222-2-1/7 By contrast, here, the oral ruling clearly and comprehensively addressed each of the five Biggers factors.

12018–2018
State v. Gunwall green
wash · 1986
2 sentences

2012While Sanchez provided the analysis required by State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986), this case is not an appropriate one to resolve that question.

2012While Sanchez provided the analysis required by State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986), this case is not an appropriate one to resolve that question.

12012–2012
State v. Cook green
washctapp · 1982
2 sentences

2001Cook, 31 Wash.App. at 172 , 639 P.2d 863 (citations omitted). [10] Only after the defendant first shows impermissible suggestiveness does the inquiry turn to whether the identification was nevertheless reliable, using the Biggers factors.

2001Cook, 31 Wash.App. at 172 , 639 P.2d 863 (citations omitted). [10] Only after the defendant first shows impermissible suggestiveness does the inquiry turn to whether the identification was nevertheless reliable, using the Biggers factors.

12001–2001

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (4)

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

IL 99 (2005–2026) TX 81 (1982–2025) MS 43 (1982–2020) TN 20 (1994–2022) AZ 17 (1987–2020) OH 15 (1999–2025) VA 12 (1997–2025) CT 11 (2005–2025) WA 11 (2001–2025) KY 9 (1995–2020) MD 9 (1998–2019) KS 9 (1992–2012) NH 7 (1982–2016) AL 6 (1984–2014) FL 5 (1983–2018) IA 4 (2018–2023) WI 4 (1997–2021) WV 4 (1981–1989) SC 4 (2003–2022) MI 4 (2020–2023) NY 3 (1979–2010) DC 3 (2021–2025) ND 3 (1988–2007) RI 2 (2018–2021) DE 2 (1975–2023) UT 2 (2004–2015) HI 2 (1981–2019) PA 2 (2019–2020)

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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