Smith v. State’s Empirical Analysis

Citation profile

2 federal appellate · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We find no merit in the argument sometimes advanced that presentence jail time should not be credited because it is not "punishment." Whatever it may be called, it is certainly a deprivation of liberty, which, in itself, is punishment to most human beings. We should not like to try to convince those held in such confinement, along with those undergoing punishment, of the soundness of such an argument. We reject it, as other courts have. In re Young, 82 Cal.App.3d 68 , 107 Cal.Rptr. 915 (1973); Parker v. Bounds, 329 F.Supp. 1400 (D.C.N.C.1971).”

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

2. ““We think the result appellant seeks would be clearly indicated if he had been held in confinement before trial solely because of his indigency. But this is not the case. Although petitioner argues vigorously that discrimination in the matter of jail-time credit because of indigency violates the Fourteenth Amendment, he does not even allege that he was unable to make bail because of indigency.” [Our emphasis].”

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