Mitchell v. Smith’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court’s instructions are the jury’s only proper source of the legal prin ciples to guide its deliberations. Accordingly, trial courts should give substantially accurate instructions concerning the law applicable to the matters at issue. The instructions need not be perfect in every detail, as long as they are, as a whole, correct, (citations omitted) [[Image here]] Trial courts should give a requested instruction if it satisfies three requirements: (1) it is supported by the evidence, (2) it embodies the party’s theory, and (3) it is a correct statement of the law. However, they need not give a special instruction whose substance is already covered in the general charge, (citations omitted)”

   2 later decisions quote this exact passage
   e.g. Otis v. Cambridge Mutual Fire Insurance Co. · Benson v. Tennessee Valley Electric Cooperative

2. “(I) secrecy concerning the will’s existence; (2) the testator’s advanced age; (3) the lack of independent advice in preparing the will; (4) the testator’s illiteracy or blindness; (5) the unjust or unnatural nature of the will’s terms; (6) the testator being in an emotionally distraught state; (7) discrepancies between the will and the testator’s expressed intentions; and (8) fraud or duress directed toward the testator.”

   2 later decisions quote this exact passage
   e.g. Estate of Hamilton v. Morris · DeLapp v. Pratt

3. “Appellate courts give trial courts leeway with regard to the substance of their jury instructions in will contest cases. Thomas v. Hamlin, 56 Tenn.App. 13, 37 , 404 S.W.2d 569, 579-80 (1964). However, they should prepare their instructions with care because “will contests are always surrounded with confusion and uncertainty and fraught with great possibilities of the miscarriage of justice” and because jurors have a natural tendency to superimpose their judgment on the testator’s. Hager v. Hager, 13 Tenn.App. 23, 27 (1930). The trial court’s instructions are the jury’s only proper source of the legal principles to guide its deliberations. State ex rel. Myers v. Brown, 209 Tenn. 141, 148-49 , 351 S.W.2d 385, 388 (1961). Accordingly, trial courts should give substantially accurate instructions concerning the law applicable to the matters at issue. Street v. Calvert, 541 S.W.2d 576, 584 (Tenn.1976). The instructions need not be perfect in every detail, Davis v. Wilson, 522 S.W.2d 872, 884 (Tenn.Ct.App.1974), as long as they are, as a whole, correct. In re Elam’s Estate, 738 S.W.2d 169, 176 (Tenn.1987).”

   1 later decision quote this exact passage
   e.g. Parish v. Kemp