State v. Smith’s Empirical Analysis
1989
Citation profile
84 state decisions
How this case has been cited
Cited by 84 later decisions — most recently August 2025 · most notably State v. Arnold (1991), State v. Clevenger (2007)
84 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 Ex parte United States · Puerto Rico Department of Consumer Affairs v. Isla Petroleum Corp. · State v. Fisher · 126 Ohio St. 103 - Munic. Court v. State, Ex Rel. · 36 Ohio App. 3d 76 - State v. Ellington
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Accordingly, we must reiterate that the courts of common pleas `do not have the inherent power to suspend execution of a sentence in a criminal case and may order such suspension only as authorized by statute.' Municipal Court v. State, ex rel. Platter (1933), 126 Ohio St. 103 , 184 N.E. 1 , paragraph three of the syllabus. Accord State, ex rel. Gordon, v. Zangerle (1940), 136 Ohio St. 371 , 16 O.O. 536 , 26 N.E.2d 190 , paragraph six of the syllabus; see, also, Lakewood v. Davies (1987), 35 Ohio App.3d 107 , 519 N.E.2d 860 ; State, ex rel. Dallman, v. Court of Common Pleas (1972), 32 Ohio App.2d 102 , 61 O.O.2d 97 , 288 N.E.2d 303 . Moreover, because suspension of sentence is a special statutory procedure, the statutory authority for such suspension must be specific in its terms and must also be strictly construed. State, ex rel. Dallman, v. Court of Common Pleas, supra , paragraph one of the syllabus; State v. Ellington (1987), 36 Ohio App.3d 76 , 77 , 521 N.E.2d 504 , 505 .”
14 later decisions quote this exact passage““(F) An offender shall not be placed on probation or otherwise have his sentence of imprisonment suspended pursuant to division (D)(2) or (4) of section 2929.51 of the Revised Code when any of the following applies: ÍÍ * * * “(5) The offender is not eligible for probation or shock probation pursuant to division (C) of section 2903.06 or 2903.07 of the Revised Code or is sentenced to a term of actual incarceration.” (Emphasis added.)”
3 later decisions quote this exact passage““Whoever * * * pleads guilty to a felony other than aggravated murder or murder * * * shall be imprisoned for an indefinite term and, in addition, may be fined or required to make restitution, or both.””
2 later decisions 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.