Smith v. State’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly or with criminal negligence in the commission of an offense, the complaint, information, or indictment in order to be sufficient in any such case must allege, with reasonable certainty, the act or acts relied upon to constitute recklessness or criminal negligence, and in no event shall it be sufficient to allege merely that the accused, in committing the offense, acted recklessly or with criminal negligence.”

   2 later decisions quote this exact passage · from the majority
   e.g. Jessica Tata v. State · State v. Rodriguez

2. “[Appellant], heretofore on or about February 17, 2010, did then and there recklessly cause the death of another, namely [the three victims], to-wit: while driving eastbound on the Interstate 10 freeway after ingesting methamphetamine and amphetamine, [appellant] failed to properly control his vehicle, left the said freeway, crossed over the median separating the eastbound and westbound lanes of freeway traffic, entered the westbound portion of the said freeway going the wrong direction and collided with [vehicles] traveling westbound that [were] occupied by [the victims].”

   1 later decision quote this exact passage · from the majority
   e.g. Jackie Lee Haley v. State

3. “An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense. An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense. The practice and procedures relating to the use of indictments and in-formations, including their contents, amendment, sufficiency and requisites, are provided by law. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.”

   1 later decision quote this exact passage · from the majority
   e.g. Jenkins v. State