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← 566 So. 2d 57 - Smith v. State

566 So. 2d 57 - Smith v. State’s Empirical Analysis

1990

Citation profile

3
cited by 3 later decisions
1
states following
May 1991
most recently cited

3 state decisions

Relationships

Relies on 488 So. 2d 523 - State v. Mischler · 545 So. 2d 838 - Lambert v. State · Ree v. State · 500 So. 2d 134 - Keys v. State · 530 So. 2d 53 - State v. Jones

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

  1. “MAY A TRIAL JUDGE IMPOSE A DEPARTURE SENTENCE BASED SOLELY ON A PERSISTENT PATTERN OF CRIMINAL ACTIVITY, CLOSELY RELATED IN TIME, ALTHOUGH THE PATTERN IS NOT ESCALATING TOWARDS MORE VIOLENT OR SERIOUS CRIMES?”
    1 later decision quote this exact passage
  2. “[a]lthough the legislature has not specifically addressed this question we think that a persistent pattern of criminal behavior in terms of timing alone is a valid basis to impose a departure sentence.”
    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.