2010 OK CR 24 - Smith v. State’s Empirical Analysis

Citation profile

4 federal appellate · 6 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he Flynn Effect is a theory based on the premise that results on any given I.Q. test will rise approximately 3 points for every 10 years that the test is in existence. The Flynn Effect has not achieved universal acceptance in courts where it has been raised. In this instance, however, unlike other jurisdictions that have considered the Flynn Effect, the Oklahoma Legislature has directed that only the standard error of measurement be included in the consideration of a defendant's I.Q. scores when making a mental retardation determination. Thus, it seems that under the Oklahoma statutory scheme, the Flynn Effect, whatever its validity, is not a relevant consideration in the mental retardation determination for capital defendants.”

   2 later decisions quote this exact passage
   e.g. Postelle v. Carpenter · FUSTON v. STATE

2. “[i]n determining the intelligence quotient, the standard measurement of error for the test administered shall be taken into account.”

   2 later decisions quote this exact passage
   e.g. FUSTON v. STATE · Murphy v. State

3. “Atkins did not set out an explicit definition for mental retardation, but left it to the states to develop ways to identify mentally retarded criminals and exempt them from the death penalty. See id. at 317, 122 S.Ct. at 2250 ("we leave to the State[s] the task of developing appropriate ways to enforce the constitutional restriction upon execution of sentences") (quoting Ford v. Wainwright, 477 U.S. 399, 416-417 , 106 S.Ct. 2595, 2605 , 91 L.Ed.2d 335 (1986)). Four years after Atkins, the Oklahoma Legislature enacted 21 O.S8. Supp.2006, § 7O1.10b. Section TOl.10b governs the death penalty and mental retardation....”

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