State v. Smith’s Empirical Analysis

Citation profile

90 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he general rule is that when evidence is admitted over objection and the same evidence is thereafter admitted without objection, the benefit of the objection is lost.... The absence of a motion to strike or a request for curative instructions, coupled with the fact that defendant elicited evidence of the same or similar import on cross-examination, waived the benefit of the objection.”

   2 later decisions quote this exact passage
   e.g. State v. Quick · State v. Blakeman

2. “. . . Contradictions in the State’s evidence, if such existed, could have been shown by the testimony of others or by cross-examination of the State’s witnesses themselves. Thus the prosecution was privileged to argue that the State’s evidence was uncontradicted and such argument may not be held improper as a comment upon defendant’s failure to testify. . . .”

   2 later decisions quote this exact passage
   e.g. State v. Barden · State v. Peplinski

3. “(1) That defendant “would have you believe that he did not participate at all”; (2) that Mrs. Hall “was on the stand for a considerable time and nobody pointed a finger of accusation at her, not even on cross-examination”; (3) that, referring to the victim, “the evidence is uncontradicted, bear that in mind, that he not only didn’t have a weapon, there was not one in his house”; (4) that “this testimony is uncontradicted as is every bit of the State’s evidence”; (5) that “there is not a scintilla of evidence from any source that anybody was ever on the scene except Brady Tilley and Harold Jordan and J. V. Smith”; (6) that, referring to the testimony of Julia Pruitt, “J. V. left there with the automatic, the pistol stuck in his belt, and ladies and gentlemen, throughout this thing I ask you to remember that this evidence is uncontradicted”; (7) that “Brady Tilley and Harold Jordan are still there and then the uncontradicted evidence is that the group sat down there at the table and they were strangely quiet”; and finally, (8) that “I ask you to decide the case on the evidence that you have before you and ask that you remember that it is uncon-tradicted.””

   1 later decision quote this exact passage
   e.g. 69 N.C. App. 526 - State v. Matthews