Smith v. State’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[d]iscovery matters are within the sound discretion of the trial judge. ... The court's judgment on these matters will not be reversed absent a clear abuse of discretion and proof of prejudice resulting from the abuse.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Brown (Ex parte State) · State v. Brown (Ex parte State)

2. ““There is no violation of the prohibition against testimony concerning the ulti mate issue where a physician testifies concerning his opinion as to a diagnosis, including a mental diagnosis. ‘If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.’ Rule 702(a), Ala. R. Evid. See J. Colquitt, Alabama Law of Evidence (1990) (noting that lay and expert opinion evidence is allowed on certain issues, including mental condition, regardless of whether such opinion evidence goes to an ultimate issue in a case).””

   1 later decision quote this exact passage · from the dissent
   e.g. Lockhart v. State

3. “[t]he greater weight of the evidence indicated that, although he suffered with some mental deficiencies, they did not rise to the level at which an impartial mind would conclude from the evidence that he was mentally retarded.”

   1 later decision quote this exact passage · from the dissent
   e.g. Smith v. Comm'r, Alabama Department of Corrections