State v. Smith’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Evidence of the sexual conduct of the complaining witness with the defendant to prove consent where consent is a defense to the alleged crime and the evidence is reasonably contemporaneous with the date of the alleged crime; or (2) Evidence of specific instances of sexual activity showing alternative source or origin of semen, pregnancy or disease; (3) Evidence of immediate surrounding circumstances of the alleged crime; or (4) Evidence relating to the previous chastity of the complaining witness in cases, where, by statute, previously chaste character is required to be proved by the prosecution.”

   3 later decisions quote this exact passage
   e.g. State v. Kelley · State v. Samuels

2. “Under the rape shield statute, evidence of specific instances of a victim’s prior sexual conduct is admissible only if it falls within the specific exceptions set out in [section 491.015] and then only to the extent that the court finds it relevant to a material fact or issue in the case.”

   1 later decision quote this exact passage
   e.g. State v. Cowles

3. “[i]f we were to accept this contention, it would mean that any lie, regardless of the admissibility, relevancy, or remoteness of the subject matter on which the witness lied, would be admissible, as a matter of law, as a permissible attack on witness credibility.”

   1 later decision quote this exact passage
   e.g. State v. Beck