285 So. 2d 240 - State v. Smith’s Empirical Analysis
1973
Citation profile
41 state decisions
How this case has been cited
Cited by 42 later decisions — most recently March 2009 · most notably 345 So. 2d 874 - State v. Passman (1977), 339 So. 2d 764 - State v. May (1976)
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 State v. Edwards · 278 So. 2d 781 - State v. Moore · State v. Callihan · State v. Kimble · State v. Dierlamm
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to:”
4 later decisions quote this exact passage · from the majority“Hearsay evidence is inadmissible, except as otherwise provided in this Code.”
4 later decisions quote this exact passage · from the majority“"An additional ground favoring admissibility is to consider the slip of paper as a present sense impression of the unidentified bystander.13 This exception to the hearsay rule does not require that the declaration be made in response to an exciting event. The fact that the declaration is made contemporaneously with the event being described adds reliability in that there is no danger of a defective memory rendering the declaration unreliable. Also, in the case of verbal declarations, the declaration will be made in the hearing of the person who later relates the declaration. Therefore, this person will possibly have had an opportunity to observe the event himself, and thus provide a check on the accuracy of the declarant's observation. Even where the declaration is non-verbal, however, the fact that the statement is made contemporaneously with the act or immediately thereafter implies reliability since the declarant is unlikely to have had an opportunity to form a purpose to mistake his observations."”
2 later decisions quote this exact passage · from the majority
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.