Smith v. State’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... the offense for which appellant was convicted was not shocking or otherwise extraordinary even with respect to the multiple stabbing. We cannot conclude the circumstances of the offense are so heinous or evince an “aberration of character” so peculiarly “dangerous” as alone to justify an affirmative response to the second special issue.”

   3 later decisions quote this exact passage
   e.g. Martinez v. State · Wilkerson v. State

2. “It has been said that § 19.03 of the Penal Code “limits the circumstances under which the State may seek the death penalty to a small group of narrowly defined and particularly brutal offenses.” Jurek v. State, 522 S.W.2d 934, at 939 (Tex.Cr.App.1975). To hold the offense itself in this cause was sufficient to prove future dangerousness would threaten to undermine the function of Article 37.071, supra, to further narrow the class of death-eligible offenders to less than all those who have been found guilty of an offense as defined under § 19.03. See Roney v. State, 632 S.W.2d 598, at 603 (Tex.Cr.App.1982).”

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

3. “It is true that [defendant's hot-blooded nature, coupled with the presumption [defendant] did eventually commit the instant offense, supports an inference that on the day [defendant] returned to the residence he was reconnoitering for potential victims. We note, however, that in Hawkins v. State, 660 S.W.2d 65, 82 (Tex.Cr.App.1983) there was substantial other evidence of future dangerousness.”

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