State v. Smith’s Empirical Analysis

Citation profile

22 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whenever a defendant in a criminal case proposes to offer testimony to establish an alibi on his behalf, he shall, not less than seven days before trial, file and serve upon the prosecuting attorney a notice in writing of his intention to claim alibi. * * * If the defendant fails to file such written notice, the court may exclude evidence offered by the defendant for the purpose of proving such alibi, unless the court determines that in the interest of justice such evidence should be admitted.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Silvey, L-05-1254 (5-25-2007) · State v. Dillard, Unpublished Decision (3-28-2005)

2. “`* * * the state some protection against false and fraudulent claims of alibi often presented by the accused so near the close of the trial as to make it quite impossible for the state to ascertain any facts as to the credibility of the witnesses called by the accused.'”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Dillard, Unpublished Decision (3-28-2005) · 26 Ohio App. 3d 185 - State v. Russell

3. ““* * * Given the ease with which an alibi can be fabricated, the State’s interest in protecting itself against an eleventh-hour defense is both obvious and legitimate. * * *” Williams v. Florida (1970), 399 U.S. 78, 81 [ 53 O.O.2d 55 ].”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Jamison · 26 Ohio App. 3d 185 - State v. Russell