State v. Smith’s Empirical Analysis

Citation profile

1 federal appellate · 42 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ppellant's conviction was used in the present case only to prove that he was a prior offender. Appellant's conviction was a matter of public record, available to any prosecutor. The prosecutor need not be disqualified simply for entering the felony stealing conviction into evidence.”

   1 later decision quote this exact passage
   e.g. People v. Perez

2. “the issue when determining the proportionality of a death sentence is not whether any similar case can be found in which the jury imposed a life sentence, but rather, whether the death sentence is excessive or disproportionate in light of “similar cases” as a whole.”

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

3. “A challenge for cause will be sustained if it appears that the venireperson cannot 'consider the entire range of punishment, apply the proper burden of proof, or otherwise follow the court's instructions in a first degree murder case.'”

   1 later decision quote this exact passage
   e.g. Lance C. Shockley v. State of Missouri