State v. Smith’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'there is a reasonable probability 6 Though the conviction on Count I for resisting arrest is not final for purposes of appeal, our conclusion with respect to established prejudice would almost certainly be different if that conviction was the proper subject of this appeal. 13 that, in the absence of the trial court's abuse, the verdict [on Count III] would have been different.'”

   1 later decision quote this exact passage
   e.g. State of Missouri v. Dustin Demont Brown

2. “'[t]rial court's rulings on objections to closing arguments are reviewed for abuse of discretion; however, when a proper objection is made, the trial courts should exclude 'statements that misrepresent the evidence or the law' or statements that 'tend to confuse 10 the jury.''”

   1 later decision quote this exact passage
   e.g. State of Missouri v. Dustin Demont Brown

3. “[A] trial court does not err in sentencing when it considers other factors aside from a defendant's assertion of his or her constitutional right, so that a comment on the defendant's assertion of rights is not the determinative factor in imposing sentence.”

   1 later decision quote this exact passage
   e.g. State v. Betts