748 So. 2d 1139 - State v. Smith’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[h]owever, under general principles of accessorial liability, "all parties [to a crime] are guilty for deviations from the common plan which are foreseeable consequences of carrying out the plan . . . Acting in concert, each man then [becomes] responsible not only for his own acts but for the acts of the other."”

   4 later decisions quote this exact passage · from the dissent
   e.g. 880 So. 2d 854 - State v. Wiley · 838 So. 2d 41 - State v. Wix

2. “is not per se violative of the constitutional guarantees of effective assistance of counsel”

   3 later decisions quote this exact passage · from the dissent
   e.g. 995 So. 2d 11 - State Ex Rel. Da · 792 So. 2d 104 - State v. Miller

3. “[b]urglary laws are not designed primarily to protect the inhabitant from unlawful trespass and/or the intended crime, but to forestall the germination of a situation dangerous to the personal safety of the occupants. . . . In the archetypal burglary an occupant of a dwelling is startled by an intruder who may inflict serious harm on the occupant in his attempt to commit the crime or to escape from the house. The frightened occupant, not knowing whether the intruder is bent on murder, theft, or rape, may in panic or anger react violently, causing the burglar to retaliate with deadly force.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. McFarland · 67 So. 3d 535 - State v. Jacobs