67 So. 3d 409 - State v. Smith’s Empirical Analysis
2011
Citation profile
2
cited by 2 later decisions
1
states following
January 2017
most recently cited
2 state decisions
Relationships
Relies on 403 So. 2d 349 - Ensor v. State · 941 So. 2d 1109 - Hannon v. State · State v. Pasko · 668 So. 2d 666 - Lamb v. State · State v. Hinkle
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The defendant] would have us hold that based on Gehring ... and Lamb , anytime a firearm is retrieved from a vehicle after the person charged is out of the vehicle, the requirement that the firearm be “on or about the person” or “readily accessible” cannot be met. We decline to so hold. The facts in Gehring ... and Lamb are distinguishable from the instant case. In those cases, the defendant was out of the vehicle when approached by law enforcement. Here, [the defendant] concealed the firearm underneath the passenger seat as the deputy approached the vehicle. We cannot say as a matter of law that the firearm was not “on or about his person” or not “readily accessible” to him. ...”
1 later decision quote this exact passagee.g. Brunson 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.