Smith v. State’s Empirical Analysis
1998
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently December 2018 · most notably Kutzner v. State (1999), Brown v. State (2003)
41 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hernandez v. State · Dyson v. State · Garcia v. State · 135 Tex. Crim. 406 - Norwood v. State · Semaire v. State
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) The use of force against another is not justified: [[Image here]] (4) if the actor provoked the other’s use or attempted use of unlawful force, unless: (A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and ( B) the other nevertheless continues or attempts to use unlawful force against the actor;”
3 later decisions quote this exact passage · from the dissent“(1) that the defendant did some act or used some words that provoked the attack on him, (2) that such act or words were reasonably calculated to provoke the attack, and (3) that the act was done or the words were used for the purpose and with the intent that the defendant would have a pretext for inflicting harm upon the other."”
2 later decisions quote this exact passage · from the dissent“The rule of law is that if the defendant provoked another to make an attack on him, so that the defendant would have a pretext for killing the other under the guise of self-defense, the defendant forfeits his right of self-defense.”
2 later decisions quote this exact passage · from the majoritye.g. Causey v. State · Torres v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.