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

1. ““Apart from statute, however, it is a familiar principle of law that one who wrongfully kills another is not permitted to share in the other’s estate, to collect insurance on his life, or otherwise to profit by the crime. Horn v. Cole 203 Ark. 361 156 S. W. 2d 787 ; Rest., Restitution, § 187. That principle would control this case were it not for the fact that the record contains no legal proof that the appellant killed Harold Dean. We cannot take judicial notice of the facts disclosed by the record in the earlier criminal proceeding.””

   1 later decision quote this exact passage
   e.g. Wright v. Wright

2. ““At the trial below the appellees introduced a certified copy of the judgement of conviction, but it is the settled rule in this State that such a .judgment is not admissible to prove the fact on which it was based. Horn v. Cole, supra; Washington Nat. Ins. Co. v. Clement, 192 Ark. 371 , 91 S. W. 2d 265 .””

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

3. “Since we are not convinced that our own precedents are demonstrably wrong we think it best to preserve certainty in the law by declining to overrule our earlier decisions.”

   1 later decision quote this exact passage
   e.g. Zinger v. Terrell