Smith v. State’s Empirical Analysis
2011
Citation profile
11
cited by 11 later decisions
1
states following
December 2019
most recently cited
11 state decisions
Relationships
Relies on Dorsey v. State · State v. Cox · Connor v. State · Snyder v. State · United States v. Veltmann
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ujnder our system ... a party offers his [or her] evidence not en masse, but item by item. An item of evidence, being but a single link in the chain of proof, need not prove conclusively the proposition for which it is offered. It need not ever make that proposition appear more probable than not. Whether the entire body of one party’s evidence is sufficient ... is one question. Whether a particular item of evidence is relevant to his [or her] case is quite another. It is enough if the item could reasonable show that a fact is slightly more probable than it would appear without that evidence. Even after the probative force of the evidence is spent, the proposition for which it is offered still can seem quite improbable. Thus, the common objection that the inference for which the fact is offered ‘does not necessarily follow’ is untenable, it poses a standard of conclusiveness that very few single items of circumstantial evidence ever could meet. A brick is not a wall.”
1 later decision quote this exact passage“A material proposition is also called a “ ‘consequential fact’ ” 1 Weinstein’s Evidence ¶ 401[03], at 401-10 (1980). “Materiality looks to the relation between the proposition for which the evidence is offered and the issues in the case.” McCormick, § 185, at 773. Probative value is “the tendency of evidence to establish the proposition that it is offered to prove.” McCormick, § 185, at 774.”
1 later decision quote this exact passage“at the time of the [ ] proffer, the defense had produced its forensic experts' testimony contradicting the State's opinion evidence. And, Dr. DiMaio had opined that the manner of death was suicide.”
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.