People v. Smith’s Empirical Analysis
1988
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 2019
10 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
Relies on People v. Rivera · People v. Dillon · People v. Flenniken · People v. King · People v. Thompson
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We find that the mere pendency of a civil suit between a criminal and his victim cannot act to vitiate the trial court’s duty to order restitution to the victim. The language of the statute does not leave the question of restitution in the discretion of the trial court, but instead unequivocally requires that ‘restitution shall be ordered by the court as a condition of probation.’ Although restitution is limited by a defendant’s ability to pay and by his financial obligations to his family, restitution may prove to be the victim’s most immediate source of compensation for the loss he has suffered. Permitting a court to decline to impose restitution as a condition of probation in light of a collateral civil suit would place victims in the unfair position of having to decide whether to postpone a civil suit solely to ensure that they do not lose their statutorily granted right to restitution. A victim should not be penalized for initiating a civil suit to seek more complete relief from the one who caused his loss.”
1 later decision quote this exact passagee.g. People v. Johnson“As a condition of every parole, the board [State Board of Parole] shall provide that the offender make restitution to the victim of his conduct or a member of the victim’s immediate family for the actual damages which were sustained. Such restitution shall be ordered by the board as a condition of parole. The amount of such restitution shall be as determined by the court pursuant to 16-11-102(4), C.R.S.”
1 later decision quote this exact passagee.g. People v. Johnson“the party immediately and directly aggrieved by a defendant, who is convicted of a criminal act and who is granted probation, as well as others who have suffered losses because of a contractual relationship with such party ....”
1 later decision quote this exact passagee.g. People v. Rogers
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.