Smith v. Blakey, Administrator’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 61 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘We are cognizant of the rule that on appeal reversible error will not be considered when based on misconduct of counsel unless objection is made in trial court. [Citations omitted.] We adhere to this rule; however, we point out that in tire above cited cases the instances of impropriety were isolated and not of the nature disclosed by this record.....[Here, counsel’s] efforts were not of an isolated nature but, to the contrary, permeated the whole of the trial from opening statement to final argument. . . . “Under what circumstances do remarks of counsel result in reversible error? An uncontradictable answer must be: they are reversible error when, because of them, the parties have not had a fair trial.” 213 Kan. at 95-96 .”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. Turner · 35 Kan. App. 2d 356 - In Re the Care & Treatment of Ward

2. ““. . . [F]or the past three days you have witnessed an unprecidented [sic] assault by a lawyer against his own client attacking his client’s credibility, trying to brand her as a liar, as concealing facts . . . “What other tactics have they used in this case? The dirty, filthy insinuations they try to make through witnesses that have been sandbagged and approached and given half truths. They try to infer, you saw the witness yesterday said I heard the conversation something about being at the Normandy Room, dirty, the witness that saw a container in the car that no one else could see through but he knew there was some alcoholic beverage and all for the purpose of the smear type of tactics. ... If those statements in any way contradict the sworn testimony of the witness Mr. Gassoway or Mrs. Gassoway, you can rest assured they would have been up here showing the statements to the witnesses and reading them to you but that is not their way, their way is the dirty, filthy insinuations in trying to evade the responsibility against the interest of their own client in this particular case. “. . . I am not going to ask for a show of hands on how many of you would like to go on a search party with Mr. Mize for truth and think you will be successful but in your own mind just ask yourselves that question. For example, he made the statement about the lack of wealth of the defendant and he told you that she’s not here this afternoon because she is ill. Of course, she came I think shortly ”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Turner

3. ““At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was presenter represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions: “(3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds that: “(A) The witness is dead; (B) the witness is at a greater distance than 100 miles from the place of trial or hearing, or is out of the state of Kansas, unless it appears that the absence of the witness was procured by the party offering the deposition; (C) the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (D) the party offering the deposition has been unable to procure the attendance of the witness by . subpoena; or (E) upon application and notice, such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.””

   1 later decision quote this exact passage · from the majority
   e.g. Eferakeya v. Twin City State Bank