Smith v. State’s Empirical Analysis
1981
Citation profile
55 state decisions
How this case has been cited
Cited by 58 later decisions — most recently December 2002 · most notably Lowery v. State (1994), Lawrence v. State (1984)
55 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Bordenkircher v. Hayes · Robinson v. State of California · Rummel v. Estelle · Oyler v. Boles · Fisher v. United States
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he instruction uses the words "recklessly, knowingly or intentionally." Under our penal code, these are terms of art; that is, they have special legal definitions. Ind. Code § 35-41-2-2 (Burns 1979 Repl.) We have held that the use of a word of art in an instruction requires a further instruction on the definition of that word. Martin v. State, (1974) 262 Ind. 232 , 246, 314 N.E.2d 60, 70 , reh. denied, 262 Ind. 232 , 317 N.E.2d 430 , cert. denied, (1975) 420 U.S. 911 , 95 S.Ct. 833 , 42 L.Ed.2d 841 . Cf. Lock v. State, (1980) Ind., 403 N.E.2d 1360 . However, Smith tendered no additional instructions on the meaning of these terms. For these reasons, the tendered instruction was confusing and thus properly refused. The trial court did not err in refusing appellant's tendered instruction number five.”
4 later decisions quote this exact passage““35-42-2-2 Recklessness “Sec. 2. (a) A person who, recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness, a Class B misdemeanor. However, the offense is a Class A misdemeanor if the conduct includes the use of a vehicle or deadly weapon. “(b) A person who recklessly, knowingly, or intentionally inflicts serious bodily injury on another person commits criminal recklessness, a Class D felony.””
4 later decisions quote this exact passagee.g. Johnson v. State · Miller v. State““The crime of voluntary manslaughter is defined by statute as follows: A person who knowingly or intentionally kills another human being while acting under sudden heat commits voluntary manslaughter, a Class B felony. The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under . .. this chapter to voluntary manslaughter. To convict the Defendant of voluntary manslaughter the State must have proved each of the following elements: 1. knowingly or intentionally 2. killing 3. another human being; is murder; but 4. if committed while under a sudden heat it is voluntary manslaughter, a Class B felony. However, the State need not prove the existence of sudden heat because it is a mitigating factor only. If the State failed to prove each of these elements beyond a reasonable doubt the Defendant should be found not guilty. If the State did prove each of the elements beyond a reasonable doubt, then you should find the Defendant guilty of manslaughter, a Class B felony.””
3 later decisions 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.