407 So. 2d 894 - Smith v. State’s Empirical Analysis
1981
Citation profile
54 state decisions
How this case has been cited
Cited by 62 later decisions (1 by the Supreme Court) — most recently August 2013 · most notably Sireci v. Florida (1982), Pope v. State (1983)
54 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 Faretta v. California · Witherspoon v. Illinois · Lockett v. Ohio · Oliphant v. Suquamish Indian Tribe · Wingo v. Wedding
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Although consideration of all mitigating circumstances is required by the United States Constitution, Lockett v. Ohio, 438 U.S. 586 , 98 S.Ct. 2954 , 57 L.Ed.2d 973 (1978), the decision of whether a particular mitigating circumstance in sentencing is proven and the weight to be given it rests with the judge and jury. Lucas v. State, 376 So.2d 1149 (Fla.1979).' Smith v. State, 407 So.2d 894, 901 (Fla.1981).”
8 later decisions quote this exact passagee.g. Peraita v. State · Maples v. State“ as opposed to the ability to decide between self-representation and representation by counsel is a pertinent consideration, these cases may also be read more narrowly, in conformity with the vast body of precedent on this point. Although a defendant need not himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so that record will establish that”
2 later decisions quote this exact passage“mitigating circumstances must be proved beyond a reasonable doubt.”
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.