Commonwealth v. Smiley’s Empirical Analysis

Citation profile

25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “testimony against him, and it was used in the prosecutor's closing argument. 15 We cannot conclude, however, that the SJC unreasonably applied the legal principles of Strickland to the facts of Smiley's case. 2 The SJC, in finding that counsel's performance was not deficient, deferred to the motion judge's finding that counsel advised Smiley not to make any statements to the police, that it was Smiley who wanted to cooperate with the prosecutor and had initiated the subject himself, and that counsel advised Smiley, before meeting with the police, that”

   1 later decision quote this exact passage
   e.g. Smiley v. Maloney

2. ““Evidence is relevant if it has a rational tendency to prove a material issue. Whether evidence is relevant in any particular instance, and whether the probative value of relevant evidence is outweighed by its prejudicial effect, are questions within the sound discretion of the judge. . . . The judge’s determination of these questions will be upheld on appeal absent palpable error.””

   1 later decision quote this exact passage
   e.g. Commonwealth v. Philyaw

3. “Mr. Williams advised the defendant of the consequences of making a statement to the police; that there was advice given and understood; that the defendant could be convicted of first degree murder on the felony murder theory as well as on the joint venture theory.”

   1 later decision quote this exact passage
   e.g. Smiley v. Maloney