Smith v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Trial counsel’s maneuver of introducing defendant’s prior conviction on direct examination is an approach often used by defense attorneys when the accused testifies on his own behalf. In State v. Lane, 613 S.W.2d 669, 679 (Mo.App. E.D.1981), the court stated, ‘appellant made the tactical decision to steal the state’s thunder and adduce evidence of his prior convictions during his direct examination by his own counsel.... ’ More recently in Boyer v. State, 748 S.W.2d 188 (Mo.App. E.D.1988), this court again upheld a similar course of action by defense counsel. This court classified counsel’s decision as a strategic choice which is virtually unchallengeable. Id. at 190 .””

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