Smith v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Patently, when a jury sends out a note making an inquiry of some sort related to parole, it reveals that jurors are then and there “discussing” and “considering” the subject, [citations omitted]. Such an important factor in the harm analysis cannot be easily dismissed. Whether a jury has progressed to the point of no return, so to speak, in the sense of “risk that punishment will be based on extraneous considerations,” Rose, 752 S.W.2d at 537 , depends on circumstances of a given case. But when it appears the jury passed the point, reasons for finding no risk and to justify the punishment must be more than a subjective view of the facts of the offense and a prior criminal record, [citation omitted].”

   1 later decision quote this exact passage · from the majority
   e.g. Hocutt v. State