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← 605 SO2D 222 - State v. Smith

State v. Smith’s Empirical Analysis

1992

Citation profile

7
cited by 7 later decisions
1
states following
June 2017
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently June 2017

7 state decisions

50199220002010decided

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 549 So. 2d 840 - Rosell v. Esco · State in Interest of Lawrence v. Harrell · 503 So. 2d 55 - Cantillo v. Cantillo · 412 So. 2d 631 - Martin v. Howard Bros. Discount Stores, Inc.

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

  1. “We recognize that as a general rule the failure to produce a witness who has special knowledge essential to a party’s cause, when such a witness is available and under a party’s control, raises a presumption that the witness’s testimony would be detrimental to that party’s cause. However, in this case certain individuals to whom [the mother] referred in her testimony did not have knowledge essential to the state’s case. They were not witnesses to the actual sexual relationship between [the mother] and Mr. Smith. Furthermore, the record does not indicate that these individuals were more available to the state than to Mr. Smith, and there is no indication that any of these individuals were under the state’s control. Accordingly, no unfavorable inference attached in this case.”
    1 later decision quote this exact passage
  2. “[T]he general rule is that a child support award will be retroactive to the date the suit was filed, and the exception occurs when the court finds good cause for doing otherwise. A district judge is not required to assign reasons as to whether good cause existed for not making a support award retroactive, Cantillo v. Cantillo, 503 So.2d 55 (La.App. 5th Cir.1987), and we hold that the trial court likewise need not assign reasons for making such an award retroactive. Furthermore, the decision on retro-activity is one within the trial court’s discretion.”
    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.