Smith v. State’s Empirical Analysis

Citation profile

74 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A challenge to the sufficiency of the evidence pertaining to an aggravating circumstance does not involve “the trial court’s failure to bring to the jury’s attention a matter essential to its consideration of the death penalty itself.” Wicks v. State, 270 Ark. at 785 , 606 S.W.2d at 369 . Instead, just the opposite is true: that is, the trial court submitted each of the three aggravating circumstances to the jury for their consideration. There was simply no “failure” by the trial court, as is required by the plain language of the first Wicks exception. Moreover, as previously mentioned, this narrow exception to the objection requirement has only been applied in four cases, and we have limited its application to specific constitutional and statutory error arguments that are distinctly different from a sufficiency-of-the-evidence argument.”

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

2. “A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct. An officer acting under this rule may require the person to remain in or near such place in the officer's presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period the person detained shall be released without further restraint, or arrested and charged with an offense.”

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

3. “Police pursuit of a suspect or their ordering the suspect to stop is generally not a seizure. United States v. Thompkins, 998 F.2d 629 (8th Cir. 1993). For a seizure to occur, there must be a physical application of force by the officer or submission to the officer’s show of force. Id. A show of authority, without any application of physical force, to which the subject does not yield, is not a seizure. California v. Hodari D., 499 U.S. 621 (1991). Based upon this record of an armed standoff between Mr. Smith and the police officers, we hold that Mr. Smith’s freedom of action was not curtailed to a degree associated with formal arrest until he was shot in the arm by an officer and physically taken into police custody.”

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