State v. Smith’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he trial court must then take the following steps to protect the defendant’s interests and to preserve a complete record: 1. Inform the defendant of his right to present mitigating evidence and make a determination on the record whether the defendant understands this right and the importance of presenting mitigating evidence in both the guilt phase and sentencing phase of trial; 2. Inquire of both the defendant and counsel whether they have discussed the importance of mitigating evidence, the risks of foregoing the use of such evidence, and the possibility that such evidence could be used to offset aggravating circumstances; and 3. After being assured the defendant understands the importance of mitigation, inquire of the defendant whether he or she desires to forego the presentation of mitigating evidence.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Kiser · State of Tennessee v. Nickolus L. Johnson

2. “In 1984 the defendant, Leonard Edward Smith, his friend, David Hartsock, and his girlfriend, Angela O’Quinn, robbed two small grocery stores in rural Sullivan County. Armed with a .32 caliber pistol, Hartsock entered Malone’s Grocery alone, while Smith and O’Quinn waited for him outside the store in Smith’s car. During the course of the robbery, Hartsock shot and killed John Pierce. The trio left Malone’s Grocery and proceeded to [Novella] Webb’s store near the Carter-Sullivan County line. Both Smith and Hartsock entered Webb’s store. Smith was carrying the gun, and during the robbery, he shot and killed Novella Webb. The victim and her husband owned and operated the store. [Smith] was charged with two counts of first degree murder for the killings of Pierce and Webb. The offenses were joined for trial, and, at Smith’s request, venue for the trial was changed from Sullivan to Hamblen County. Smith was convicted on both counts of first degree felony murder. At the conclusion of the proof, the State withdrew its notice of intent to seek the death penalty with respect to the Pierce murder, and the trial court imposed a life sentence. However, the jury imposed a sentence of death for the Webb murder. On his first direct appeal, this Court affirmed Smith’s conviction and life sentence for the killing of Pierce, but reversed Smith’s conviction of first degree murder and sentence of death for the Webb murder. Concluding that the offenses should not have been joined for trial and als”

   1 later decision quote this exact passage · from the majority
   e.g. Leonard Edward Smith v. State of Tennessee

3. “I, Leonard Edward Smith, am giving this statement of my own free will and without any threats or promises being made to me. On Monday, May 21,1984, I was with my girlfriend Angie O’Quinn and David Hartsock, and, we went and got some liquor and went to a road near the Sullivan — Carter County line. We parked and were just drinking and talking and smoked some joints. While we were on that road in my black Ford Pinto which I had painted black because it used to be orange, David said “Get out, I want to talk to you.” He and I got out and walked a ways from the car where Angie couldn’t hear us talking and David said, “I can get us a little bit of money here at this store.” He said, “It’s the store down at the county line.” I asked him if it was Shorty Malone’s and he said, “Yes.” Angie and I drove David down there, and let him off a little ways from the store. I parked on a little paved road beside the store. David had a .82 caliber chrome-plated pistol with him. The pistol was his pistol. I heard several shots fired and just a few seconds later David came running around the store. David jumped into the car and said, “Get the hell out of here, I had to shoot him.” I figured it was Shorty because he ran the store. We drove out the road that goes beside of Malone’s Grocery and it dead ends and you can turn left to the Wautauga area, or right back to Sullivan County. We turned onto the Wautauga Highway and drove to what is known as Mountain Road. I asked David if he shot the man, and”

   1 later decision quote this exact passage · from the majority
   e.g. Leonard Edward Smith v. State of Tennessee