State v. Smith’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Great care should be exercised in the “delicate, difficult and important matter” of instructing the jury to disregard incompetent evidence. The jury should be specifically instructed to disregard the evidence, and not to consider it foany purpose during deliberations. A mere general remark excluding the evidence does not cure the error.”

   3 later decisions quote this exact passage
   e.g. State v. White · State v. Jones

2. “An accused has the right to remain silent and the exercise of that right cannot be used against him. The State cannot, through evidence or the solicitor’s argument, comment on the accused’s exercise of his right to remain silent. State v. Woods, 282 S.C. 18 , 316 S.E.2d 673 (1984). See also, Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976). Testimony that a defendant refused to comment on an accusation against him is an unconstitutional comment on his post-arrest silence. State v. Middleton, 288 S.C. 21 , 339 S.E.2d 692 (1986). State v. Sloan, 278 S.C. 435 , 298 S.E.2d 92 (1982).”

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

3. “it is probable that, notwithstanding the instruction, the accused was prejudiced.”

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