3 Ohio App. 3d 115 - State v. Smith’s Empirical Analysis

Citation profile

3 federal appellate · 38 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We hold that in the absence of any constitutional provision, statute, or court rule restricting defense counsel’s authority to withdraw a plea of not guilty by reason of insanity, the trial court acts properly in accepting that withdrawal without personally discussing the matter with the defendant himself, at least when the record discloses no dissension from that decision by the defendant.” (Emphasis added.) 3 Ohio App.3d at 120 , 3 OBR at 136, 444 N.E.2d at 91 .”

   2 later decisions quote this exact passage
   e.g. 121 Ohio App. 3d 702 - State v. Tenace · Nelson v. State

2. ““Given defendant’s extensive history of mental impairment and disability including extensive medical treatment, it is reasonable to assume witnesses and records relating to his mental condition would have been available to defense counsel. Given the presumption of defense counsel’s competency, this court cannot assume that the defendant’s trial counsel simply failed to prepare for this defense. It is equally reasonable to assume these witnesses and records would not have supported defendant’s claimed insanity at the time of the offense. Further, it is similarly reasonable to assume from the record that defense counsel did not seek a determination of defendant’s sanity at the time of the offense pursuant to R.C. 2945.39 for the same reason. Consequently, defendant has not met his burden of establishing on the record a violation by his trial counsel of an essential duty to defendant.” Id. at 120, 3 OBR at 136-137, 444 N.E. 2d at 91-92 .”

   1 later decision quote this exact passage · from the concurrence
   e.g. 40 Ohio App. 3d 57 - State v. Rubenstein

3. “"(a) Certain decisions relating to the conduct of the case are ultimately for the accused and others are ultimately for defense counsel. The decisions which are to be made by the accused after full consultation with counsel are: (i) what plea to enter; (ii) whether to waive jury trial; and (iii) whether to testify in his or her own behalf. (b) The decision on what witnesses to call, whether and how to conduct cross-examination, what jurors to accept or strike, what trial motion should be made, and all other strategic and tactical decisions are the exclusive province of the lawyer after consultation with the client."”

   1 later decision quote this exact passage
   e.g. Weber v. Israel