Smith v. State’s Empirical Analysis

Citation profile

2 federal appellate · 25 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f pre-autopsy photographs are relevant and material to any issue in the case, they are admissible even if they are duplicative and may inflame the jury. [Cit.] Photographs showing the extent and nature of the victim’s wounds are material and relevant. [Cit.] This is not altered by the fact that the cause of death may not be in dispute. [Cit.]”

   2 later decisions quote this exact passage
   e.g. Roberts v. State · Bradley v. State

2. “As to the aggravated assault, [the defendant] was charged with assaulting [the victim] with a deadly weapon, and the intent to injure is not an element of the charged offense. [Cit.] The crime of aggravated assault, as alleged, is established by the reasonable apprehension of harm by the victim of an assault by a [deadly weapon] rather than the assailant’s intent to injure. [Cit.] All that is required is that the assailant intend to commit the act which in fact places another in reasonable apprehension of injury [or actually results in injury], not a specific intent to cause such apprehension [or injury]. [Cit.] 4”

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