160 Ind. App. 622 - Smith v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Constitution of Indiana provides that in all criminal cases the jury shall judge and determine the law as well as the facts. It is the duty of the court to instruct you on the law governing the case, and you should give the court's instructions respectful attention. However, the instructions of the court are not necessarily binding on you. You have the right to independently determine the law to be different from what the court says it is. The instructions given are for your guidance and information and you should give the instructions such consideration and respect as you deem them entitled to.”

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

2. ““. . . It is our opinion that these facts have the dual value of supporting the in-court identification by clear and convincing evidence and fulfilling the second portion of the Stovall test quoted from Dillard, supra. “It is our conclusion that under ‘totality of the circumstances’ the identification was reliable and it was not error to overrule the motion to suppress.” 312 N.E.2d at 900 .”

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

3. ““We are of the opinion that Kirby v. Illinois, 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972), disposes of Smith’s argument insofar as it pertains to the right to counsel during a confrontation with the victim prior to being formally charged with the crime. It does not presently exist under Federal or Indiana law. See Kirby, supra; Snipes v. State (1973), Ind. App., 298 N.E.2d 503 .””

   1 later decision quote this exact passage
   e.g. 162 Ind. App. 107 - Pack v. State