Smith v. State’s Empirical Analysis

Citation profile

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

1. “It is clear that the sheriff and his deputies did not consciously attempt to influence the jurors in deciding the case, but that does not determine the question here involved. We are of the opinion that a material witness should not serve as jury bailiff, and if such witness serves as jury bailiff after objection thereto by appellant, it is reversible error. It is a common trait of human nature for witnesses to favor the side of the case on which they testify, and many witnesses become partisans for what they regard as their side of the case. Probably one reason for this is that the witness wants the jury to vindicate his version of the facts. A material witness is partisan, or likely to be; and there are many ways a jury could be influenced without the witness actually discussing the case. Moreover [sic], there is opportunity for actual and intended improper influence which can, and should, be avoided. Of equal or greater importance in this regard is the appearance of unfairness, and this is of vital importance; for public confidence in the fairness of jury trials is essential to the existence of our legal system. Whatever tends to threaten public confidence in the fairness of jury trials, tends to threaten one of our sacred legal institutions. There is no reason why a material witness should serve as jury bailiff and the use of the State witnesses as such was reversible error, where timely objection was made thereto, as was done in this case. ( 226 Miss. at 285-86 , 83 So.2”

   3 later decisions quote this exact passage
   e.g. Perkins v. State · 468 So. 2d 87 - Great American Surplus Lines Ins. v. Dawson

2. “[t]he sheriff is the chief law enforcement officer of the county[,] and it is the duty of him and his deputies to assist the district attorney, the main prosecutor for the State.”

   1 later decision quote this exact passage
   e.g. 42 So. 3d 618 - JM EX REL. VM v. Bailey

3. “avoid a situation that might weaken the confidence of the public in our courts and juries ...”

   1 later decision quote this exact passage
   e.g. 468 So. 2d 87 - Great American Surplus Lines Ins. v. Dawson