756 So. 2d 892 - Smith v. State’s Empirical Analysis
1998
Citation profile
1 federal appellate · 36 state decisions
How this case has been cited
Cited by 39 later decisions — most recently December 2017 · most notably Ex Parte Hodges (2003), 797 So. 2d 1134 - Simmons v. State (2000)
1 federal appellate · 36 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 Strickland v. Washington · Brady v. State of Maryland · Batson v. Kentucky · Giglio v. United States · Cuyler v. Sullivan
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`"[for plain error to exist in, the Batson context, the record must raise an inference that the state [or the defendant] engaged in `purposeful discrimination' in the exercise of its peremptory challenges, See Ex parte Watkins, 509 So.2d 1074 (Ala.), cert. denied, 484 U.S. 918 , 108 S.Ct. 269 , 98 L.Ed.2d 226 (1987)."'"”
4 later decisions quote this exact passage“[It] is not our function to second-guess the strategic decisions made by counsel.”
4 later decisions quote this exact passage“"Section 13A-1-9(b), Ala.Code 1975, which pertains to the charging of lesser included offenses, provides the following: `The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.' (Emphasis supplied [in Smith ].) ... ". . . . "`[I]ntoxication, whether voluntary or involuntary, is admissible in evidence whenever it is relevant to negate an element of the offense charged.' § 13A-3-2(a), Ala.Code 1975.... "... However, to negate the specific intent required for a murder conviction, the degree of the accused's intoxication must amount to insanity. "`In an assault and battery case, voluntary intoxication is no defense, unless the degree of intoxication amounts to insanity and renders the accused incapable of forming an intent to injure. Lister v. State, 437 So.2d 622 (Ala.Cr.App.1983). The same standard is applicable in homicide cases. Crossling [Crosslin v. State, 446 So.2d 675 (Ala.Cr.App.1983) ]. Although intoxication in itself does not constitute a mental disease or defect within the meaning of § 13A-3-1, Code of Alabama 1975, intoxication does include a disturbance of mental or physical capacities resulting from the introduction of any substance into the body. § 13A-3-2. The degree of intoxication required to establish that a defendant was incapable of forming an intent to kill is a degree so extreme as to render it impossible for the defendant to form the intent to ”
2 later decisions quote this exact passage
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.