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← 386 S.C. 562 - Smith v. State

Smith v. State’s Empirical Analysis

2010

Citation profile

38
cited by 38 later decisions
1
states following
April 2018
most recently cited

38 state decisions

Relationships

Relies on Strickland v. Washington · Cherry v. State · Caprood v. State · Jolly v. State · Smith v. State

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

  1. “[ i]n a CSC case, the testimony of a witness regarding the Victim’s out-of-court statement is not hearsay when: “The declarant testifies at the trial ... and is subject to cross-examination concerning the statement, and the statement is ... consistent with the declarant’s testimony in a criminal sexual conduct case or attempted criminal sexual conduct case where the declarant is the alleged Victim and the statement is limited to the time and place of the incident.””
    2 later decisions quote this exact passage
  2. “A reasonable probability is a probability sufficient to undermine confidence in the outcome.”
    2 later decisions quote this exact passage
  3. “hinged on the [v]ictim's credibility regarding [the] identification of the perpetrator, and there was otherwise an absence of overwhelming evidence of Smith's guilt.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.