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← 323 SO2D 797 - State v. Smith

State v. Smith’s Empirical Analysis

1975

Citation profile

10
cited by 10 later decisions
1
states following
October 2017
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently October 2017

10 state decisions

6019751980199020002010decided

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 Benton v. Maryland · Bartkus v. People of State of Illinois · Abbate v. United States · Waller v. Florida · Grafton v. United States

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

  1. “"Double jeopardy exists in a second trial only when the charge in that trial is: (1) Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the charge in the second trial; or (2) Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial."”
    3 later decisions quote this exact passage
  2. “"offenses are `the same' if the elements required to support a conviction upon one of the offenses would have been sufficient to warrant a conviction upon another. . . . Stated differently, where the gravamen of the second offense is essentially included within the offense for which first tried, the second prosecution is barred because of the former jeopardy." (footnotes omitted) (emphasis added)”
    1 later decision quote this exact passage
  3. “carrying of any person from one place to another without his consent”
    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.