445 So. 2d 227 - Smith v. State’s Empirical Analysis

Citation profile

22 state decisions

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

1. “[I]f a person, when sober, is capable of distinguishing between right and wrong and voluntarily intoxicates or drugs himself to the extent that he does not know or understand his actions, e.g., steals, robs, or murders, he is responsible and he may be convicted and sentenced for the crime.”

   4 later decisions quote this exact passage
   e.g. 490 So. 2d 839 - Norris v. State · 533 So. 2d 473 - Lanier v. State

2. “Trial courts must remember that the purpose of the McDaniel rule is to remove voluntary intoxication as a defense, not to provide an affirmative instruction for the state which might mislead a jury to thinking that it is not necessary [for the state] to prove intent, when intent is a requisite ingredient of the offense.”

   2 later decisions quote this exact passage
   e.g. 490 So. 2d 839 - Norris v. State · 684 So. 2d 643 - Davis v. State

3. “does not mandate that two attorneys be appointed.”

   2 later decisions quote this exact passage
   e.g. 743 So. 2d 326 - Davis v. State · 532 So. 2d 976 - Marks v. State