Smith v. State’s Empirical Analysis

Citation profile

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

1. “Appearing for non-presumptive sentencing for five counts of misconduct involving a controlled substance in the third degree is thirty-five-year-old Dena Major. Although this offense is not the most serious of its type, the depth of the defendant’s participation in commercial drugs sales is of concern. Also, a 1981 conviction appears to indicate she was involved in a commercial drug sales enterprise at that time. She seems to have been the center of activity for several other persons who sometimes acted as a courier, after she had received the purchase order via her pager. Ms. Major’s problems, however, can be traced to her teenage years when she states she was physically abused by her stepfather, ran away from home, and was under juvenile probation supervision. She has participated in a series of physically abusive relationships with adult males, probably caused by a feeling of low self-esteem. This feeling is also apparent in her statements about being motivated to sell illegal drugs commercially in order to finance major and expensive cosmetic surgery on her body to improve her physical appearance.... The most negative factor in the defendant’s situation is her extreme, long-term dependence on sizable amounts of cocaine. Until this habit can be successfully addressed, she likely will be impossible to monitor in field supervision. Ms. Major is physically attractive, vivacious, and seems to have above average intelligence, this being displayed in the verified 4.0 grade point ”

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

2. “Smith had sexual intercourse on numerous occasions, during a four-month period, with a fourteen-year-old daughter of a friend. It appears that the "victim" was a willing participant and may have even instigated the contact. There was no evidence of violence, and up until that time Smith had an exemplary record. Nevertheless, the offense was serious, given the substantial age disparity between the participants.”

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