Smith v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) if he would be justified in using force against the other under Section 9.41[ 2 ]; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.”

   1 later decision quote this exact passage
   e.g. Douglas Lynn Kirk v. State

2. “The jury’s decision to reject [the] defensive claims ... ultimately hinges on the credibility of the witnesses. As factfin-der, the jury is entitled to judge the credibility of witnesses, and can choose to believe all, some, or none of the testimony presented by the parties. The statements of the defendant and his witnesses do not conclusively prove a claim of self-defense or defense of a third party.”

   1 later decision quote this exact passage
   e.g. Christopher Ernest Braughton v. State

3. “adduced evidence that the altercation leading to [the victim's] death was gang-related”

   1 later decision quote this exact passage · from the concurrence
   e.g. 2012 UT App 180 - State v. High