Smith v. State’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where a defendant fails to offer any evidence, the prosecutor is not prevented from discussing the evidence against him and to state that such evidence is uncon-tradicted. Such argument would not be a violation of statute forbidding comment on the fact the defendant did not testify.””

   2 later decisions quote this exact passage
   e.g. Davidson v. State · Dangerfield v. State

2. ““The defendant next contends that the trial court committed error in refusing to allow the defendant to act as his own co-counsel. This issue was raised in Fowler v. State, Okl.Cr., 512 P.2d 238 , wherein this Court, citing People v. Mims, 160 Cal.App.2d 589 , 325 P.2d 234 (1958), held that an order of the trial court to compel the defendant to elect to proceed either in person or by counsel is not erroneous. The Court further held that where the defendant is represented by counsel, one or the other must be in charge of the defense in order to preserve orderly procedure.””

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