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← 729 SO2D 496 - Smith v. State

Smith v. State’s Empirical Analysis

1999

Citation profile

2
cited by 2 later decisions
1
states following
December 2004
most recently cited

2 state decisions

Relationships

Relies on 424 So. 2d 726 - Florida Bar v. Merwin · Campbell v. State · 636 So. 2d 869 - Garramone v. State · 516 So. 2d 1052 - Marrero v. State · 606 So. 2d 669 - Keys 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) the defendant must be in present, imminent, and impending peril of death or serious bodily injury, or reasonably believe himself or others to be in such ' danger; (2) the defendant must not have intentionally or recklessly placed himself in a situation in which it was probable that he would be forced to choose the criminal conduct; (3) the defendant must not have any reasonable, legal alternative to possessing the [firearm]; (4) the [firearm] must be made available to the defendant without preconceived de sign[;] and (5) the defendant must give up possession of the [firearm] as soon as necessity or .apparent necessity .ends.”
    1 later decision quote this exact passage · from the dissent

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.