State v. Smith’s Empirical Analysis

Citation profile

5 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. “[T]he Drug-Free School Zone Act enhanced the class B felony offense to a class A felony for purposes of sentencing. Tenn.Code Ann. § 39-17-417(a)(4), (c)(1) (1996); Tenn.Code Ann. § 39-17-432(b). Additionally, the Act required [Smith] to serve the minimum sentence within his appropriate range prior to the operation of sentence reduction credits or eligibility for parole or early release due to overcrowding. Tenn.Code Ann. § 39-17-432(e)-(e). The State established at the sentencing hearing that [Smith’s] criminal record included six class C felony, drug-related offenses, and one class B felony, drug-related offense. Accordingly, the trial court sentenced the appellant as a career offender who had committed a class A felony, Tenn.Code Ann. § 40-35-108(c) (1997), Tenn.Code Ann. § 40-35-112(c)(l) (1997), imposing a ... day-for-day term of sixty years incarceration in the Tennessee Department of Correction.”

   1 later decision quote this exact passage · from the majority
   e.g. 371 F. App'x 575 - Smith v. Morgan

2. “Initially, the sentence must be compared to the crime committed. Id. “Unless this threshold comparison leads to an inference of gross disproportionality, the inquiry ends — the sentence is constitutional.” Id. The Court instructed that if an inference arises, the analysis requires a comparison of the sentences imposed on other criminals in the same and other jurisdictions.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 371 F. App'x 575 - Smith v. Morgan