Smith v. State’s Empirical Analysis

Citation profile

8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`A qualified expert may testify to his opinion concerning the defendant's mental condition based either upon (1) personal examination of the defendant made by the witness, or (2) the testimony in the case, if he has been in court and heard it all. (3) He may also give his opinion upon hypothetical cases propounded by counsel.'" Smith v. State , 263 Ala. 1 , 3 , 82 So.2d 296 (1955).”

   2 later decisions quote this exact passage
   e.g. Smith v. State · 417 So. 2d 602 - Brackin v. State

2. ““ ‘The Judges of this Court are in disagreement and unable to reach an unanimous conclusion as to certain controlling questions in the case of Smith v. State from Morgan Circuit Court, now pending in this court. “ ‘The defendant was convicted of manslaughter in the first degree under an indictment charging murder in the first degree. Upon arraignment she interposed pleas of not guilty and not guilty by reason of insanity. “ ‘On the trial she introduced several witnesses whose testimony tended, to sustain her plea of not guilty by reason of insanity. In rebuttal the State offered Dr. J. B. Wiley. The record discloses the following: “ ‘ “Q. State your name to the jury. A. J. B. Wiley. “ ‘ “Q. You are a regular licensed and practicing physician and surgeon in Decatur, Alabama? A. Yes, sir. ‘““Mr. McEntire: We admit the doctor’s qualifications. “ ‘ “Q. Did you know the defendant, Alma Smith? A. Yes, sir. ““‘Q. Will you tell the jury how long you have known her ? A. I imagine since about 1945 or ’46. “' “Q. Do you recall when she became a patient of yours? A. The first record I have was in 1946. “ ‘ “Q. From that time to the present, doctor, has she been, periodically, a patient of yours? A. Yes, sir. “ ‘ “Q. How many times would you say, in your best recollection, you have had occasion to treat, see or observe Mrs. Smith as a patient over that period of time? A. I think an average of two or three times a year, that is, actual office calls. “ ‘ “Q. Did you also have occasion to se”

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

3. ““It seems to be well-established in this jurisdiction that, as a general proposition, a physician who is qualified and licensed under Alabama law to engage in the general practice of medicine is qualified as an expert to formulate an opinion as to the sanity or insanity of a person, although such physician is not a specialist in mental diseases. (Citing cases.) However, the principle is recognized in some of the decisions that a physician cannot express his opinion as an expert when such opinion is based on his examination or observation of a person, unless such examination or observation was with reference to the person’s mental condition. (Citing cases.) This is not to say that a physician is incompetent to express an opinion as a wow-expert when the opinion is based on his examination or observation of a person without reference to his mental condition. Of course, when so testifying, the rules applicable to non-experts apply.””

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