Smith v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “would place an unrealistically severe burden upon trial judges concerning a matter which should properly be within the province and responsibility of defense counsel as a matter of trial tactics and strategy.”

   3 later decisions quote this exact passage
   e.g. State v. Schuck · 606 So. 2d 1204 - Crawford v. State

2. “... committed by accident and misfortune during any lawful act ..., or by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon any sudden combat, without any dangerous weapon being used....”

   2 later decisions quote this exact passage
   e.g. 573 So. 2d 306 - State v. Smith · 568 So. 2d 977 - Gibson v. State

3. “where a jurisdictional error appears or where the interests of justice present a compelling demand for its application.”

   2 later decisions quote this exact passage
   e.g. State v. Schuck · 573 So. 2d 306 - State v. Smith