Smart v. State’s Empirical Analysis

1992

Citation profile

cited by 5 later decisions

states following

December 2005

most recently cited

5 state decisions

Relationships

Relies on 491 So. 2d 1129 - State v. DiGuilio · Rodriguez v. New York · 110 So. 2d 654 - Williams v. State · 531 So. 2d 133 - Kinchen v. State · 427 So. 2d 234 - Harris v. State

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

“First, the statements by the prosecutor and the arresting officer’s testimony regarding the defendant’s past contacts with the arresting officer, were solely relevant to establish the defendant’s bad character, and were therefore inadmissible. See Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959); State v. Lee, 531 So.2d 133 (Fla.1988); Gonzalez v. State, 559 So.2d 748 (Fla. 3d DCA 1990); Harris v. State, 427 So.2d 234 (Fla. 3d DCA 1983). Second, under the facts of this ease, the defense counsel’s failure to request a curative instruction was not fatal. The record demonstrates that at one point the defense counsel attempted to make a motion, but the trial court denied the motion without giving the defense counsel an opportunity to state the motion for the record. Additionally, when taking into consideration that throughout the defendant’s trial, which lasted less than two and one half hours, there were approximately eighteen statements made by the prosecutor and the arresting officer, which clearly implied that the defendant had either been arrested before or that the arresting officer has had numerous contacts with the defendant in the past, we find that a curative instruction would not have been sufficient to dissipate the prejudicial effects of this error. Post v. State, 315 So.2d 230 (Fla. 2d DCA 1975). As stated in Post , “[t]he die was cast — the damage was done.” Post, 315 So.2d at 232 . Third, we do not find that ”
2 later decisions quote this exact passage · from the majority
e.g. Williams v. State · 917 So. 2d 968 - Villanueva v. State

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.