Smith v. Commonwealth’s Empirical Analysis

Citation profile

29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t follows that the giving of an instruction on lesser-included offenses when the evidence would permit a jury to rationally find a defendant guilty of the lesser-included offense and acquit him of the greater offense is not erroneous, even if given over the defendant’s objection.”

   2 later decisions quote this exact passage
   e.g. Perkins v. Commonwealth · Commonwealth v. Wolford

2. “As a result of the holding of the United States Supreme Court in Price v. Georgia, 398 U.S. 323 , 90 S.Ct. 1757 , 26 L.Ed.2d 300 (1970), the conviction of a defendant of a lesser-included offense constitutes an acquittal of all higher degrees of the offense. Green v. United States, 355 U.S. 184 , 78 S.Ct. 221 , 2 L.Ed.2d 199 , (1957). Accordingly, if the conviction of the lesser-included offense is reversed on appeal, the defendant cannot be retried upon any other higher degrees of the offense. See also Gunter v. Commonwealth, 576 S.W.2d 518 (Ky.1978).”

   1 later decision quote this exact passage
   e.g. King v. Commonwealth

3. ““Extreme emotional disturbance is a temporary state of mind so enraged, inflamed, or disturbed as to overcome one’s judgment, and to cause one to act uncontrollably from the impelling force of the extreme emotional disturbance rather than from evil or malicious purposes.” 715 S.W.2d at 468-69 .”

   1 later decision quote this exact passage
   e.g. Stanford v. Commonwealth