State v. Smith’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Once the court vacates a record of conviction under subsection (1) of this section, the person shall be released from all penalties and disabilities resulting from the offense and the fact that the person has been convicted of the offense shall not be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated under subsection (1) of this section may state that he or she has never been convicted of that crime. Nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.”

   1 later decision quote this exact passage
   e.g. State v. Smith

2. “[A] defendant who has been convicted of two or more felonies may have all of his convictions vacated and his criminal record cleared, simply starting with the most recent felony and vacating them sequentially in backward fashion. Contrariwise, a defendant who has been convicted of the same number of misdemeanors can never have his misdemeanor convictions vacated, only the last. If the defendant has been convicted of both felonies and a misdemeanor, if the misdemeanor was committed last, all records of conviction may be vacated. If the misdemeanor was committed before any of the felonies, the defendant would not be able to vacate the misdemeanor, even if all the felony convictions were vacated.”

   1 later decision quote this exact passage
   e.g. State v. Smith

3. “3.3. The defendant's guilty plea for the offense listed in paragraph 3.2 is withdrawn and a not guilty plea is entered. 3.4. The charging document is dismissed and the judgment and sentence is vacated for the offense listed in paragraph 3.2. 3.5. The defendant shall be released from all penalties and disabilities resulting from the offense listed in paragraph 3.2. 3.6. For all purposes, the defendant may state that he or she has never been convicted of the offense listed in paragraph 3.2.”

   1 later decision quote this exact passage
   e.g. State v. Smith