State v. Smith’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Whether the jury would be confused by the various counts; |¾42. Whether the jury would be able to segregate the various charges and evidence; 3. Whether the defendant would be confounded in presenting his various defenses; 4. Whether the crimes charged would be used by the jury to infer a criminal disposition; and 5. Whether, especially considering the nature of the. charges, the charging of several crimes would make the jury hostile.”

   3 later decisions quote this exact passage
   e.g. State v. Robinson · 781 So. 2d 713 - State v. Lowery

2. “Two or more offenses may be charged in the same indictment or bill of information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors, are of the same or similar character or are based on the same act or transactions connected together constituting parts of a common scheme or plan; provided that the offenses joined must be triable by the same mode of trial.”

   1 later decision quote this exact passage
   e.g. State v. Calhoun

3. “If it appears that a defendant or the state is prejudiced by a joinder of offenses in an indictment or bill of information or by such joinder for trial together, the court may order separate trials, grant a severance of offenses, or provide whatever other relief justice requires.”

   1 later decision quote this exact passage
   e.g. 781 So. 2d 713 - State v. Lowery