Smith v. State’s Empirical Analysis

Citation profile

73 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We therefore take this opportunity to clarify our decision in Witherspoon and to reaffirm the above-quoted standard from Adams 4 as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment. That standard is whether the juror’s views would ‘prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.’ We note that, in addition to dispensing with Witherspoon’s reference to ‘automatic’ decisionmaking, this standard likewise does not require that a juror’s bias be proved with ‘unmistakable clarity.’ This is because determinations of juror bias cannot be reduced to question-and-answer sessions which obtain results in the manner of a catechism. What common sense should have realized experience has proved: many veniremen simply cannot be asked enough questions to reach the point where their bias has been made ‘unmistakably clear’; these veniremen may not know how they will react when faced with imposing the death sentence, or may be unable to articulate, or may wish to hide their true feelings. Despite this lack of clarity in the printed record, however, there will be situations where the trial judge is left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law. For reasons that will be developed more fully infra, this is why deference must be paid to the trial judge who sees and hea”

   3 later decisions quote this exact passage
   e.g. Bird v. State · Briddle v. State

2. “'“... In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence. This subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Texas.’ (Emphasis supplied.) 8 “Thus the trial court at the penalty stage of a capital murder trial has wide discretion in admitting or excluding evidence. Robinson v. State, 548 S.W.2d 63 (Tex.Cr.App.1977); Felder v. State, 564 S.W.2d 776 (Tex.Cr.App.1978), cert. den. 440 U.S. 950 , 99 S.Ct. 1433 , 59 L.Ed.2d 640 ; Hammett v. State, 578 S.W.2d 699 (Tex.Cr.App.1979); McManus v. State, 591 S.W.2d 505 (Tex.Cr.App.1979); Sanne v. State, 609 S.W.2d 762 (Tex.Cr. App.1980). See also Green v. State, 587 S.W.2d 167 (Tex.Cr.App.1979). “However, it has been said that this discretion extends only to the question of the relevance of the facts sought to be proved, and that Article 37.071(a), supra, does not alter the rules of evidence insofar as the manner of proof is concerned. See Porter v. State, 578 S.W.2d 742, 748 (Tex.Cr.App.1979). “It has been consistently held that evidence of unadjudicated extraneous offenses are admissible at the penalty stage of a capital murder trial absent showing of unfair surprise. Quinones v. State, 592 S.W.2d 933 (Tex.Cr.App.1980), cert. den. 449 U.S. 893 , 101 S.Ct. 256 , 66 L.Ed.2d 121 ; Crawford v. State, 617 S.W.2d 925 (Tex.Cr.App.1980); Rumbaugh v. State, 629 S.W.2d 747 (Tex.Cr.”

   3 later decisions quote this exact passage
   e.g. Briddle v. State · Aranda v. State

3. ““Appellant urges that however otherwise culpable he may be the deceased’s own ‘foolhardy’ attempt to foil the robbery precludes appellant’s receiving the death penalty. ... He contends the evidence of provocation by the deceased was so overwhelming the jury could not properly have answered ‘yes’ to special issue number three submitted under Article 37.071, supra. He argues that the deceased’s firing at Hamilton and also wounding him was a mitigating factor that cannot be ignored. In viewing the evidence in the light most favorable to the jury’s answer, we find it sufficient to support the affirmative answer to special issue number three.” [footnote omitted] Smith, supra at 393-394 .”

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