Smith v. State’s Empirical Analysis

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

1. ““Reasonable” and “substantial” are not synonymous, as can be seen by referring to any of the standard dictionaries. The point was well put by counsel in argument recently where he pointed out that if one had to undergo a serious operation and were querying the doctor as to the prospects for a successful outcome, how differently the person would feel if the doctor told him there was only a reasonable chance of success as opposed to being told there was a substantial chance for success.”

   1 later decision quote this exact passage
   e.g. United States v. Salley

2. “We think that when consideration is given to the definition and ordinary meaning of this word, there is little doubt but that its use tends to lessen the State's burden and as a natural corollary to increase the burden upon the defendant. 23 Id. at 192 (quoting Smith v. State, 547 S.W.2d 925, 927 (Tenn.), cert. denied, 434 U.S. 849, 98 S.Ct. 159, 54 L.Ed.2d 117 (1977)). The court then directed that”

   1 later decision quote this exact passage
   e.g. Monk v. Zelez

3. “doubt. The word substantial, according to Webster's New World Dictionary (1961), means”

   1 later decision quote this exact passage
   e.g. Monk v. Zelez