28 Ark. App. 56 - Smith v. Smith’s Empirical Analysis
1989
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently October 2013
20 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 Hicks Ex Rel. Feiock v. Feiock · Taylor v. Hayes · Fitzhugh v. State · Digby v. Digby · Dennison v. Mobley
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An order of court is process, and while the constitution delegated authority to the legislature to regulate punishment for contempt, this delegation has been construed by the Supreme Court to be in addition to and not in derogation of the inherent power of the court. Pursuant to its inherent power, the court may also punish for contempt, which includes disobedience of process. The term “process” has been defined broadly by our statutes and case law. Ark. Code Ann. § 16-55-102 (a) (16) (1987) provides that “[p]rocess means a writ or summons issued in the course of judicial proceedings.” Subsection (a) (23) of that provision defines “writ” as meaning an order or precept in writing, issued by a court, clerk or judicial officer. The Supreme Court has stated that “[p]rocess in the sense of the statutes is a comprehensive term which includes all writs, rules, orders, executions, warrants or mandates issued during the progress of an action.” Henderson v. Dudley, 264 Ark. 697, 709 , 574 S.W.2d 658, 665 (1978). [Emphasis added.]”
1 later decision quote this exact passage“(a) Every court of record shall have power to punish, as for criminal contempt, persons guilty of the following acts and no others: (1) Disorderly, contemptuous, or insolent behavior committed during the court’s sitting, in its immediate view and presence, and direcdy tending to interrupt its proceedings or to impair the respect due to its authority; (2) Any breach of the peace, noise, or disturbance directly tending to interrupt its proceedings; [and] (3) Willful disobedience of any process or order lawfully issued or made by it[.] (c) Contempts committed in the immediate view and presence of the court may be punished summarily. In other cases, the party charged shall be notified of the accusation and shall have a reasonable time to make his or her defense.”
1 later decision quote this exact passage
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.