Smith v. Duncan’s Empirical Analysis
411 F.3d 340 · 2005
Citation profile
5 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Slack v. McDaniel · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Coleman v. Thompson · Chambers v. Mississippi · Picard v. Connor
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Declarations showing the declarant’s then presently existing state of mind are admissible when relevant. If the declaration is offered to evidence the declarant’s state of mind circumstantially, the hearsay rule is not encountered. If the declaration is offered for the truth of the fact asserted, as whether the declaration is “I hate X,” the declaration is hearsay but is admissible under the state-of-mind exception to the hearsay rule. Since the declaration is admissible in either event, it seems of no practical importance to determine in a given instance whether the declaration offered to show the declarant’s existing state of mind is technically hearsay or non-hearsay.”
1 later decision quote this exact passage · from the majority“Offering evidence under the state of mind exception to the hearsay rule is different from offering it for a non-hearsay purpose such as to show the declarant’s state of mind, in that the exception to the hearsay rule is invoked when a statement is offered for the truth of the matter asserted and shows the declarant’s state of mind, whereas the mere utterance of a statement, without regard to its truth, may indicate circumstantially the declarant’s state of mind, and is not hearsay.”
1 later decision quote this exact passage · from the majority“[b]ecause the exhaustion doctrine is designed to give the state courts a full and fair opportunity to resolve federal constitutional claims before those claims are presented to the federal courts, ... state prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State’s established appellate review process.”
1 later decision quote this exact passage · from the majoritye.g. Kirk v. Burge
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.