Smith v. United States’s Empirical Analysis

Citation profile

14 federal appellate · 4 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The bare statement, `Petitioner, Joe Smith, having been duly sworn, testified as follows * * *,' does not even purport to be a transcription of the prior proceedings, but is rather a mere ex parte, unsworn conclusion by the reporter that appellant had been sworn." (Emphasis not added)”

   2 later decisions quote this exact passage · from the majority
   e.g. Phillips v. State · Pitman v. State

2. “It is plain that an essential element of the crime of perjury under section 1621 is that the accused shall have taken an oath before giving the alleged false testimony. Proof of the charge requires that sufficient evidence be adduced before the jury upon which it can be found beyond a reasonable doubt that an oath was administered to the defendant by some officer authorized to do so.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Yoshida

3. “"The error below, manifest upon the record, was the failure to prove an essential element of the crime of perjury — that is, that the accused took an oath required by law. "”

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