Smith v. State’s Empirical Analysis
1972
Citation profile
80 state decisions
How this case has been cited
Cited by 80 later decisions — most recently September 1991 · most notably 159 W. Va. 738 - State v. Pendry (1976), 61 Ill. 2d 559 - People v. Ward (1975)
80 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1732
Relies on Dardi v. United States · Jenkins v. United States · Hill v. State · United States v. Bohle · Birdsell v. United States
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(t)he function of an expert witness in a case concerning sanity or insanity is advisory in nature. He does not state a., fact but gives an opinion in order to aid the jury or trier of fact. The trier of fact must make the ultimate decision on this issue. (citation omitted) The reports are not accepted by the expert testifying as true facts but are examined by him to provide an aid in diagnosis.”
6 later decisions quote this exact passage“"In the realm of expert testimony, it is obviously preferable to have the opinion derived from a distillation of as much reliable information as possible. This results in a more intelligent opinion because an opinion is only as good as the data upon which it is based. Any alleged lack of reliability can be brought out on cross examination, and, as long as the expert is otherwise qualified, should go to the weight of the evidence and not its competency. The fact that a psychiatric expert bases his opinion in part on reports... does not make the testimony and opinion of the expert excludable."”
3 later decisions quote this exact passagee.g. Nash v. Cosby · Johnson v. State“The types of records and reports which can be utilized should only be those produced by qualified personnel and the type which an expert customarily relies on. See United States v. Bohle (7th Cir. 1971), 445 F.2d 54 ; Commonwealth v. Thomas (1971), 444 Pa. 436 , 282 A.2d 693 . Such a limitation guarantees a relatively high degree of reliability and frees an expert to use the tools he normally relies upon in making any diagnosis.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.