Smith v. State’s Empirical Analysis

Citation profile

88 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Montoya · State v. Martinez

2. ““A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.” 1 It follows logically and obviously from the definition that, in order to convict of voluntary manslaughter, the jury must have evidence that there was a sudden quarrel or heat of passion at the time of the commission of the crime (in order, under the common law theory, to show that the killing was the result of provocation sufficient to negate the presumption of malice * * *.).”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Martinez · State v. Robinson

3. “"[I]t cannot seriously be maintained that manslaughter is invariably `necessarily included' in murder. Different kinds of proof are required to establish the distinct offenses. This is not a situation where the lesser-included-offense instruction was warranted by the evidence; it is error ... to submit it contrary to the evidence. .. . ..... "[A] conviction of voluntary manslaughter where there is no evidence that there was a sudden quarrel or heat of passion must be reversed, and the defendant discharged. Therefore, defendant's conviction of voluntary manslaughter in this case, where there was no evidence of a sudden quarrel or heat of passion, must likewise be reversed and defendant discharged. "Evidence of a sudden quarrel or heat of passion, .. . is ... indispensable to a conviction for voluntary manslaughter. "It is clear from the record that a verdict of guilty of murder would have been supported by substantial evidence. However, the jury acquitted the defendant of this degree of homicide, and, erroneously instructed, convicted him of a crime which he did not commit. This was an unfortunate mistake, but the remedy does not lie in affirming the unlawful conviction."”

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