State v. Smith’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even though a factfinder might determine it objectively unreasonable for a defendant to believe that unlawful force is imminently threatened, or that the degree of counter-force applied is necessary, self-defense is not negated. Pursuant to 17-A M.R.S.A. § 101(3), the state, when prosecuting a defendant for a crime such as assault for which recklessness suffices, must further prove beyond a reasonable doubt that either belief is reckless, ie., a gross deviation from what the reasonable and prudent person would believe.”

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

2. ““[Ejrror ... so highly prejudicial and so taintfing of] the proceeding as virtually to deprive the aggrieved party of a fair trial,” State v. Langley, 242 A.2d [688] at 690; “seriously prejudicial error tending to produce manifest injustice,” State v. Baker, 409 A.2d 216, 219 (Me.1979); and “injustice done to the defendant ... so great the Law Court cannot in good conscience let the conviction stand,” State v. True, 438 A.2d 460, 469 (Me.1981).”

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

3. “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”

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