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← 638 So. 2d 509 - State v. Smith

638 So. 2d 509 - State v. Smith’s Empirical Analysis

1994

Citation profile

10
cited by 10 later decisions
1
states following
April 2016
most recently cited

10 state decisions

Relationships

Relies on Morissette v. United States · Sandstrom v. Montana · Francis v. Franklin · 537 So. 2d 564 - Magaw v. State · Commonwealth v. Heck

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

  1. “[Under the DUI manslaughter statute,] the state is not required to prove that the operator’s drinking caused the accident. The statute requires only that the operation of the vehicle ... caused the accident. Therefore, any deviation or lack of care on the part of a driver under the influence to which the ... accident can be attributed will suffice.”
    3 later decisions quote this exact passage
  2. “[O]n several occasions this Court has found statutes criminalizing simple negligence to be unconstitutional. See, e.g., State v. Hamilton, 388 So.2d 561 (Fla.1980); State v. Winters, 346 So.2d 991 (Fla.1977).”
    2 later decisions quote this exact passage
  3. “(3) Any person who operates a motor vehicle: (a) Without having a driver's license as required under s. 322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (5), and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.”
    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.