433 So. 2d 688 - State v. Smith’s Empirical Analysis
1983
Citation profile
1,213 state decisions
How this case has been cited
Cited by 1,216 later decisions — most recently May 2019 · most notably 603 So. 2d 739 - State v. Lobato (1992), State v. Bradford (1997)
1,213 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 Terry v. Ohio · Wong Sun v. United States · Beck v. State of Ohio · Brown v. Texas · 384 So. 2d 355 - State v. Bonanno
Cited together with Jackson v. Virginia · 384 So. 2d 355 - State v. Bonanno · 419 So. 2d 475 - State v. Lanclos · 398 So. 2d 1049 - State v. Jones · State v. Dorthey
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 1,216 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While the trial judge need not articulate every aggravating and mitigating circumstance outlined in art. 894.1, the record must reflect that he adequately considered these guidelines in particularizing the sentence to the defendant.”
18 later decisions quote this exact passagee.g. State v. Smith · State v. Jones“"La.C.Cr.P. art. 770 provides, in pertinent part: "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: * * * * * * (3) The failure of the defendant to testify in his own defense;" * * * * * * In order to mandate a mistrial under this provision, the alleged indirect reference must be intended to draw the attention of the jury to the defendant's failure to testify or present evidence in his behalf. State v. Johnson, 426 So.2d 95 (La.1983); State v. Stephenson, 412 So.2d 553 (La. 1982); State v. Curry, 390 So.2d 506 (La.1980)."”
10 later decisions quote this exact passagee.g. State v. Hodges · State v. Lowe“A. (1) Any person who, after having been convicted within this state of a felony ... thereafter commits any subsequent felony within this state, upon conviction of said felony, shall be punished as follows: (b)(ii) If the third felony or either of the two prior felonies is a felony defined as a crime of violence under R.S. 14:2(13) ... or any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence.”
9 later decisions quote this exact passagee.g. State v. Nickles · State v. Bush
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.