Smith v. Thomas’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We review probate proceedings de novo, but we will not reverse a finding of fact by the circuit court unless it is clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made. When reviewing the proceedings, we give due regard to the opportunity and superior position of the probate judge to determine the credibility of the witnesses.”

   2 later decisions quote this exact passage
   e.g. Graham v. Matheny · 2011 Ark. App. 535 - Light v. Duvall

2. “any inclination to appoint a parent or relative [as guardian] must be subservient to the principle that the child's interest is of paramount consideration.”

   1 later decision quote this exact passage · from the majority
   e.g. Graham v. Matheny

3. “[I]n both custody and guardianship situations, the child's best interest is of paramount consideration. . . .”

   1 later decision quote this exact passage · from the majority
   e.g. Graham v. Matheny