Smith v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(The following occurred out of the presence and hearing of the jury:) "MR. SHIPMAN: Your Honor, we object on the grounds that the witness was not convicted of possession and sale of heroin, to the best of our knowledge and belief. She was convicted as a youthful offender. We brought this up to the Court prior to her taking the stand. We would maintain that the question so highly prejudices the defense witness that at this point we have no choice but to once again ask the Court for a mistrial. "MR. HOOPER: I have a certified copy of the judgment entry when she was found guilty. That was in 1973 when she entered the youthful offender report. "THE WITNESS: I was not convicted for the sale of heroin. "MR. SHIPMAN: We would further maintain in our motion that the word "heroin" has a connotation which cannot be erased in the jurors' minds, and here she is charged and convicted for the possession of barbiturates, and the possession of barbiturates being a far cry from the possession and sale of heroin, and we don't feel that it can be eradicated from the jurors' minds. "We would further ask before Court ends today that the Court Reporter read back the question that was asked to James Hardin in regard to his indecent molestation charge on such and such a date so that we may check it. We have reason to believe that there was never any James Hardin convicted of any indecent molestation, and again the question may have been so prejudicial that it could not do anything but hurt the Defe”

   1 later decision quote this exact passage
   e.g. 358 So. 2d 521 - Bezotte v. State