Ex Parte Smith’s Empirical Analysis

Citation profile

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

1. “'[p]lain error' exists when the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the proceedings . . .; in other words, 'plain error' exists when a substantial right of the defendant has or probably has been adversely affected”

   3 later decisions quote this exact passage
   e.g. 587 So. 2d 1072 - Parker v. State · 663 So. 2d 999 - Ex Parte Rieber

2. “"`Of course, "prejudice, in this context, means more than simply damage to the opponent's cause. A party's case is always damaged by evidence that the facts are contrary to his contention; but that cannot be ground for exclusion. What is meant here is an undue tendency to move the tribunal to decide on an improper basis, commonly, though not always, an emotional one." State v. Hurd, Me., 360 A.2d 525 , 527 n. 5 (1976), quoting McCormick, Handbook on the Law of Evidence § 185 at 439 n. 31 (2d ed. 1972). ' " State v. Forbes, 445 A.2d 8, 12 (Me.1982)."”

   2 later decisions quote this exact passage
   e.g. Jackson v. State · 775 So. 2d 248 - RDH v. State

3. “[E]ven if the proffered evidence [of prior bad acts] fits within an exception to the general exclusionary rule, its probative value must outweigh its prejudicial effect for the evidence to be admissible.”

   2 later decisions quote this exact passage
   e.g. 625 So. 2d 1149 - Thomas v. State · 587 So. 2d 1249 - JDS v. State