State v. Smith’s Empirical Analysis

Citation profile

4 federal appellate · 17 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"You are instructed that the charge of Sexual Intercourse Without Consent is easy to make, difficult to prove, and more difficult to disprove, and in considering a case of this kind, it is the duty of the jury to carefully and deliberately consider, compare and weigh all testimony, facts and circumstances bearing on the act complained of, and the utmost care, intelligence and freedom from bias should be exercised by the jury (sic) consideration thereof."”

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

2. “"... refusal to give such an instruction will be error only when some specific cause is shown for distrusting the testimony of the complaining witness. Such causes might include manifest malice, desire for revenge, or an absence of corroborating evidence tending to support the facts testified to by the complaining witness." 166 Mont. at 276 , 532 P.2d at 411 .”

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

3. “"The evidence clearly meets the standard of private malice, desire for revenge and absence of corroboration on the critical matters of consent, all as required by State v. Ballew (1975), 166 Mont. 270, 275-76 , 532 P.2d 407, 410-11 , and cases cited therein." 609 P.2d at 699 .”

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