Smith v. State’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “25 We have examined the record of the post-conviction proceedings below, considered Petitioner's argument and find that Petitioner has failed to demonstrate that defense counsel's representation amounted to an actual conflict of interest which adversely affected defense counsel's performance. 26 Smith II, 915 P.2d at 930 (footnotes omitted). 27 After Smith filed her federal habeas petition, the district court referred the case to the magistrate court to conduct an evidentiary hearing”

   1 later decision quote this exact passage
   e.g. Lois Nadean Smith v. Neville Massey

2. “[w]hile some of the particulars [contained in the tape-recorded statement] may [have] be[en] used for impeachment, we do not believe that DeMoss' credibility was material to Petitioner's guilt or sentence due to sufficient corroboration of her testimony.”

   1 later decision quote this exact passage
   e.g. Lois Nadean Smith v. Neville Massey

3. “Based on defense counsel's deposition in this case, we find that his decision for the limited investigation was based on informed strategic choices made by Petitioner and on information supplied by Petitioner. As such, his actions were not unreasonable.”

   1 later decision quote this exact passage
   e.g. Lois Nadean Smith v. Neville Massey