Smith v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 912.01 provides: “912.01 When trial by jury may be waived In all cases except where a sentence of death may be imposed trial by jury may be waived by the defendant. Such waiver shall be made in open court and an indorsement thereof made on the indictment or information and signed by the defendant.””

   2 later decisions quote this exact passage
   e.g. 286 So. 2d 532 - Seay v. State · 217 So. 2d 903 - Miller v. State

2. “"From this record emerges the primary question whether or not a plea of nolo contendere is acceptable in a capital case. * * * * * * "In the light of statutes we have cited and in the absence of any statutory law dealing with recommendation of mercy upon a plea of nolo contendere we are impelled to the conclusion that such a plea in a case like the present one is inappropriate. We think the judge was wrong when he accepted the plea in the first place and compounded the error when he rejected the effort of the appellant to withdraw it. "The judgment is reversed with directions to permit the withdrawal of the plea of nolo contendere and to proceed thenceforth as if no such plea had been filed."”

   1 later decision quote this exact passage
   e.g. 199 So. 2d 340 - Roberts v. State

3. “presents a situation of immense import * * * to defendants, charged with capital offenses who may entertain the thought of pleading nolo contendere * * *”

   1 later decision quote this exact passage
   e.g. 199 So. 2d 340 - Roberts v. State