State v. Smith’s Empirical Analysis
1977
Citation profile
171 state decisions
How this case has been cited
Cited by 175 later decisions — most recently December 2014 · most notably State v. Wilson (1985), State v. Alston (1983)
171 state decisions
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 Bruton v. United States · Witherspoon v. Illinois · Swain v. State of Alabama · United States v. Socony-Vacuum Oil Co. · Woodson v. North Carolina
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 175 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if it [can] be shown that: (1) The witness is unavailable; (2) the proceedings at which the testimony was given was a former trial of the same cause, or a preliminary stage of the same cause, or the trial of another cause involving the issue and subject matter at which the testimony is directed; and (3) the current defendants were present at that time and represented by counsel.”
3 later decisions quote this exact passagee.g. State v. Baymon · State v. Graham“[i]t is not required that the memory aid be prepared by the witness himself.... “If upon looking at any document he can so far refresh his memory as to recollect a circumstance, it is sufficient; and it makes no difference that the memorandum is not written by himself, for it is not the memorandum that is the evidence but the recollection of the witness.””
2 later decisions quote this exact passage“the memorandum [or other memory aid] must actually “refresh” the memory of the witness and his subsequent testimony must indeed be from his own recollection. Where the testimony of the witness purports to be from his refreshed memory but is clearly a mere recitation of the refreshing memorandum, such testimony is not admissible as present recollection refreshed and should be excluded by the trial judge. [However, w]here there is doubt as to whether the witness purporting to have a refreshed recollection is indeed testifying from his own recollection, the use of such testimony is dependent upon the credibility of the witness and is a question for the jury.”
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.