665 So. 2d 1002 - Smith v. State’s Empirical Analysis
1995
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 2016
8 state decisions
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 368 So. 2d 871 - Cumbo v. State · Skelton v. City of Birmingham · 391 So. 2d 133 - Dolvin v. State · Pumphrey v. State · 501 So. 2d 520 - McCord 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Holmes contacted [Smith] after a Mend recommended Mm and praised his work. Holmes’s own satisfaction with [Smith’s] past work for her was a factor in hiring him to screenprint her T-shirts. Holmes paid [Smith] $250 in advance and told [Smith] that she wanted the T-shirts ready in time for ‘the election,’ which was several months away, but she was vague about when [Smith] was to have the T-shirts completed. Holmes acknowledged that [Smith] telephoned her and told her that he was unable to find the yellow T-shirts she had requested. However, she was never successful in several attempts to reach him by telephone. [Smith] designed the artwork for Holmes’s T-shirts, which he says was of no value to him unless he intended to use it to produce her T-shirts. The search for the yellow T-shirts took several weeks. During this time, [Smith’s] already poor financial condition worsened and he was ultimately unable to produce the T-shirts. [Smith] sought protection from creditors by filing for bankruptcy. The delay in beginning Holmes’s project allowed [Smith] to spend Holmes’s money on other things, e.g., the hospitalization of his mother-in-law and her subsequent funeral expenses. The fact that the $250 given to him by Holmes was dissipated did not prove that he did not intend to perform his promise when he accepted the money. Furthermore, evidence that [Smith] had previously been convicted of writing a check on a closed account did not prove that [Smith] had a history of corrupt dealin”
1 later decision quote this exact passagee.g. Brannon v. State“These facts, taken in a light most favorable to the ■ prosecution, prove only that the appellant failed to perform a contractual obligation he had with the victim, and as such, his actions constitute, if anything, a breach of contract, which merits a civil remedy. An affirmance under the facts presented in this case would only serve to cast prosecutors in the role of judgment collectors and encourage potential civil liti gants to seek a remedy in a criminal court in the form of restitution.”
1 later decision quote this exact passagee.g. State v. Tovar
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.