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← 592 S.W.2d 165 - State v. Smith

State v. Smith’s Empirical Analysis

1979

Citation profile

67
cited by 67 later decisions
1
states following
July 2019
most recently cited

2 federal appellate · 65 state decisions

How this case has been cited

Cited by 67 later decisions — most recently July 2019 · most notably State v. Harris (1981), Sours v. State (1980)

2 federal appellate · 65 state decisions

48019791980199020002010decided

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 83 Wis. 2d 630 - Randolph v. State · State v. Amsden · State v. Leeman · 44 Ohio App. 2d 177 - State v. Butler · State v. Fleming

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

  1. “[It is only when] the greater of two offenses includes all the legal and factual elements of the lesser, the greater includes the lesser; but if the lesser offense requires the inclusion of some necessary element not so included in the greater offense, the lesser is not necessarily included in the greater.”
    7 later decisions quote this exact passage
    e.g. State v. Cavitt · City of Mexico v. Merline
  2. “A court may not instruct on an offense not specifically charged in the information or indictment unless it is a lesser included [or lesser degree] offense. This is because due process requires that a defendant may not be convicted of an offense not charged in the information or indictment.”
    1 later decision quote this exact passage
    e.g. State v. Blair
  3. “(1) breaking and entering, (2) any building, etc. , (3) where there are human beings or goods, wares, merchandise or other valuable things kept or deposited.”
    1 later decision quote this exact passage
    e.g. Brown v. United States

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.