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← 327 SO2D 355 - State v. Smith

State v. Smith’s Empirical Analysis

1976

Citation profile

64
cited by 64 later decisions
1
states following
April 2018
most recently cited

64 state decisions

How this case has been cited

Cited by 64 later decisions — most recently April 2018 · most notably 428 So. 2d 449 - State v. Burkhalter (1983), 404 So. 2d 466 - State v. Lindsey (1981)

64 state decisions

31019761980199020002010decided

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 Griffin v. California · State v. Howard · State v. Cryer · State v. Isaac · State v. Clouatre

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

  1. “so gruesome as to `overwhelm reason' and cause a jury to lose sight of the need for the prosecutor to establish with sufficient independent evidence the guilt of the accused.”
    4 later decisions quote this exact passage · from the majority
  2. “"Very clearly, neither statement was a direct reference to defendant's failure to testify. Instead, the question here is whether the comment was an indirect reference to the failure of the defendant to testify in his own defense. In order to mandate a mistrial we have said that the inference must be plain that the remark was intended to bring to the jury's attention the failure of the defendant to testify. State v. Reed, 284 So.2d 574 (La. 1973); State v. Howard, 262 La. 270 , 263 So.2d 32 (1972) (footnote omitted).”
    3 later decisions quote this exact passage · from the majority
  3. “refers directly or indirectly to: ... [t]he failure of the defendant to testify in his own defense.”
    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.