Smallwood v. Johnson’s Empirical Analysis
73 F.3d 1343 · 1996
Citation profile
8 federal appellate · 24 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 2019 · most notably 681 So. 2d 521 - Hoops v. State (1996), United States v. Gonzales (1997)
8 federal appellate · 24 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
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brecht v. Abrahamson · Solem v. Helm · Kolender v. Lawson · Bordenkircher v. Hayes · Harmelin v. Michigan
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In light of Harmelin , it appears that Solem is to apply only when a threshold comparison of the crime committed to the sentence imposed leads to an inference of `gross disproportionality.'”
14 later decisions quote this exact passage · from the majoritye.g. Bonner v. State · Day v. State“When neither a fundamental right nor a suspect classification is implicated, a legislative classification is subject to review under the rational basis test to determine if the classification rationally promotes a legitimate governmental objective.”
1 later decision quote this exact passage · from the majoritye.g. Green v. Johnson“courts may find it useful to compare the sentences imposed for commission of the same crime in other jurisdictions.”
1 later decision quote this exact passage · from the majoritye.g. Robinson 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.