296 Ga. App. 160 - Smith v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But “(t)he rule that mere presence at the scene of a crime is insufficient to convict is actually a corollary to the requirement that the State prove each element of the offense charged.” Parker v. State[, 270 Ga. 256, 258 (2) ( 507 SE2d 744 ) (1998)]. Here, as in Parker , “the trial court correctly instructed the jury on the duty of the State to prove each element of the crime beyond a reasonable doubt and instructed the jury fully on the law of circumstantial evidence.” Id. Under such circumstances, there was no error in the refusal to give [Torres’s] requested charge. See id. See also Hulsey v. State[, 284 Ga. App. 461, 462 (2) ( 643 SE2d 888 ) (2007)]. This is true even where the defendant asserts that “mere presence” was [his] sole defense. Russell v. Statel, 289 Ga. App. 789, 791-792 (2) ( 658 SE2d 400 ) (2008)].”

   1 later decision quote this exact passage
   e.g. 298 Ga. App. 158 - Torres v. State