Smith v. State’s Empirical Analysis

Citation profile

1 federal appellate · 50 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The law presumes that a judge is unbiased and unprejudiced in the matters which come before the judge. A judge has the discretionary power to disqualify himself or herself sua sponte whenever any semblance of judicial bias or impropriety comes to the judge's attention. Additionally, where a judge has actual prejudice in a case, justice requires that a sua sponte judicial disqualification from the case be made. Nelson v. State (1982), Ind. App., 436 N.E.2d 1153 . The record must show actual bias and prejudice against the defendant before a conviction will be reversed on the ground that the trial judge should have been so disqualified. Jones v. State (1981), Ind. App., 416 N.E.2d 880 ."”

   2 later decisions quote this exact passage
   e.g. Reynolds v. State · Brown v. State

2. “[I]t is incumbent upon defendant to object at the earliest opportunity when his trial date is scheduled beyond the time limits prescribed by Ind. R.Crim. P. 4(B)(1).”

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

3. “was aware of his right to representation [by counsel]”

   1 later decision quote this exact passage
   e.g. Cuppett v. Duckworth