136 So. 3d 424 - Smith v. State’s Empirical Analysis

Citation profile

1 federal appellate · 30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... the sender admits authorship, the purported sender is seen composing the communication, business records of an internet service provider or cell phone company show that the communication originated from the purported sender’s personal computer or cell phone.under circumstances in which it is reasonable to believe that only the purported sender would have access to the computer or cell phone, the communication contains information that only the purported sender could be expected to know, the purported sender responds. to an exchange- in such' a way as to indicate circumstantially that he was in fact the author of the communication, or other circumstances peculiar to the particular case may suffice to establish a prima fácie showing of authenticity.”

   3 later decisions quote this exact passage
   e.g. Curtis Aaron White v. State of Mississippi · Clay v. State

2. “[a] text message emanate[d] from a cell phone number assigned to the purported author ... has not typically been regarded as sufficient to support a finding of authenticity.”

   3 later decisions quote this exact passage
   e.g. Marquis D. Saunders v. State of Mississippi · Ladale Airosteve Holloway v. State of Mississippi

3. “Authentication is a condition precedent to admissibility.”

   2 later decisions quote this exact passage
   e.g. Marquis D. Saunders v. State of Mississippi · 268 So. 3d 534 - Jayvious Johnson v. State of Mississippi