Smith v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While it is proper cross-examination of a defendant, who takes the witness stand in his own defense, to go into collateral matters for impeachment purposes, the prosecutor is bound by the defendant’s answers and they are conclusive unless the prosecutor can prove them to be otherwise. However, notwithstanding the fact that the prosecution has great latitude in cross-examination, there are limits to which it is permitted to go. And, when it clearly appears that the questions asked create prejudice in the minds of the jury, the limits of proper cross-examination have been exceeded. See: Davis v. State, [Okl.Cr., 413 P.2d 920 (1966)]; and Wharton’s Criminal Evidence, 12th Edition, Volume 3, §§ 860 and 866, cited therein.””

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

2. ““Repeated asking of incompetent questions, which clearly have for their purpose intimation of something to jury that is either not true or not capable of being proved if true, is wrong, and such conduct of counsel is not cured because court sustains objections to the questions.””

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