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

1. “"The element causing the elevation of White's offenses was not the act of harming someone. It was the threat of harm from a deadly weapon: That threat occurred during each of the offenses for which White was convicted and as such was properly punishable The threats from the weapon were as distinct as if he had robbed a grocery in the morning, raped a victim in the afternoon, and abducted a child in the evening, and using the same shotgun to threaten each separate victim."”

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

2. “enhancements appear together in the various statutes. See, eg., IC 35-42-4-1 ((However, the offense is a Class A felony ... if it is committed while armed with a deadly weapon, or if it results in serious bodily injury....”

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