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← 280 Mont. 158 - State v. Smith

State v. Smith’s Empirical Analysis

1996

Citation profile

45
cited by 45 later decisions
9
states following
October 2014
most recently cited

5 federal appellate · 34 state decisions

How this case has been cited

Cited by 45 later decisions — most recently October 2014 · most notably State v. Bland (1997), Towe Antique Ford Foundation v. Internal Revenue Service (1993)

5 federal appellate · 34 state decisions

210199620002010decided

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

Relies on Gregg v. Georgia · Ake v. Oklahoma · Eddings v. Oklahoma · Bordenkircher v. Hayes · Enmund v. Florida

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

  1. “[The defendant] has not claimed that the State has set up a scheme to prolong the period of his incarceration or purposely resentenced [the defendant] in order to torment him. The delay in carrying out the sentence of death has been caused by the fact that [the defendant] has availed himself of procedures our law provides to ensure that executions are carried out only in appropriate cireum-stances. That this differs from the practice at common law, where executions could be carried out on the dawn following the pronouncement of the sentence, is a consequence of our evolving standards of decency, which prompt us to provide death row inmates with ample opportunities to contest their convictions and sentences.”
    1 later decision quote this exact passage
  2. “whether the evidence supports the judge's finding of the existence or nonexistence of the aggravating or mitigating circumstances enumerated in 46-18-303 and 46-18-304.”
    1 later decision quote this exact passage
  3. “specific written findings of fact as to the existence or nonexistence of each of the circumstances set forth in ... 46-18-304.”
    1 later decision 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.