322 So. 2d 197 - State v. Smith’s Empirical Analysis

Citation profile

1 federal appellate · 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The state’s case shows that, following the murder and rape, the sheriffs office secured a description of the perpetrator from Mary K. [Smith], About five days later, at about 9:30 in the morning, at her motel room she was shown five photographs, in the record, of persons similar to her described appearance of the murderer. The group included a photograph of the present accused, whom the sheriffs office had determined was a suspect for reasons not reflected by the record. Mary K. immediately picked out the defendant’s photo as that of her attacker, with whom she had spent some time and had had full opportunity to observe. The sheriff shuffled the photographs of persons of generally similar appearance, and she immediately picked out the accused’s photograph again. The contention that the photographic identification did not take place is based on the testimony of Mary K. at the preliminary hearing. She denied that she had been shown the photographs at the motel, but insisted that she had been shown them twice at the courthouse and had not selected the defendant from among them but, instead, from seeing a photograph on the wall at the courthouse of another parish. However, this witness likewise admitted she was confused and in a state of shock during the days immediately following the murder and that “nobody brought me no pictures out there that I can remember. Like I said, I was pretty upset a couple of days.” ... On the other hand, the deputy positively testified of her identif”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Maggio

2. “This jurisprudential rule is, however, limited by those cases holding that where circumstances are such as to reasonably overcome the presumption of prejudice and where it affirmatively appears that no prejudice to the accused could have resulted, the presumption may be rebutted, so that the mere separation of a juror briefly may be held to be insufficient ground to set aside a verdict.”

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

3. “A jury is sequestered by being kept together in charge of an officer of the court so as to be secluded from outside communication. In capital cases, after each juror is sworn, he shall be sequestered.”

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