745 So. 2d 284 - Smith v. State’s Empirical Analysis

Citation profile

17 state decisions

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

1. ““In determining whether a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b, the court shall consider any one, but is not limited to, the following factors: “(1) The child’s personal knowledge of the event; “(2) The age and maturity of the child; “(3) Certainty that the statement was made, including the credibility of the person testifying about the statement; “(4) Any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion; “(5) The timing of the child’s statement; “(6) Whether more than one person heard the statement; “(7) Whether the child was suffering from pain or distress when making the statement; “(8) The nature and duration of any alleged abuse; “(9) Whether the child’s young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child’s knowledge and experience; “(10) Whether the statement has a ‘ring of verity,’ has an internal consistency or coherence, and uses terminology appropriate to the child’s age; “(11) Whether the statement is spontaneous or directly responsive to questions; “(12) Whether the statement is suggestive due to improperly leading questions. “(13) Whether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the child’s statement.””

   1 later decision quote this exact passage
   e.g. 758 So. 2d 1118 - P.D.F. v. State

2. “With regard to the alleged dissimilarity of the offenses, the testimony established that Burnum Gilbert Smith engaged in sexual intercourse with his two natural daughters, sexual intercourse with his older stepdaughter, sodomy with his stepson, and simulated intercourse with his infant stepdaughter. These acts clearly are similar, particularly in light of the victims' age at the time of the offenses. All of the acts occurred in the Smiths' home, while the children were living with him; the children's mothers were aware of his actions; and the mothers also were present during most of the incidents.”

   1 later decision quote this exact passage
   e.g. State v. Lutes

3. “`A motion for a mistrial is a drastic remedy that should be used only to prevent manifest injustice. The ruling of the trial court on the motion will not be reversed unless there is a clear showing of abuse of discretion.'”

   1 later decision quote this exact passage
   e.g. Knight v. State