Smith v. State’s Empirical Analysis

Citation profile

59 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[E]ven should we differ in our opinions as to whether the offense was conceived and enticed by the agent, there can be no doubt that no evidence was presented to render the defendant suspect of any offense prior to the time the State’s scheme was set into motion. Probable cause for ‘baiting the trap’ was therefore absent, and the work product of the scheme cannot be utilized, thereby condoning and encouraging that which was illegal in the first instance.” 281 N.E.2d at 806 .”

   4 later decisions quote this exact passage
   e.g. Riding v. State · Thompson v. State

2. ““We, therefore, have clearly adopted or embraced a rule of lav? that before the State sets into operation a scheme to trap a particular suspect, there must be probable cause for the suspicions.” 258 Ind. at 418 .”

   2 later decisions quote this exact passage
   e.g. People v. Tipton · Riding v. State

3. ““ ‘When the criminal design originates, not with the accused, but is conceived in the mind of the government officers, and the accused is by persuasion, deceitful representation, or inducement lured into the commission of a criminal act, the government is estopped by sound public policy from prosecution therefor.’ ” (Emphasis added.) 287 U.S. at 445 , 53 S.Ct. at 214, 77 L.Ed. at 418 , citing Newman v. United States, (C.C.A.) 299 F. 128 .”

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