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← 779 NE2D 111 - Smith v. State

Smith v. State’s Empirical Analysis

2002

Citation profile

25
cited by 25 later decisions
5
states following
April 2018
most recently cited

2 federal appellate · 23 state decisions

Relationships

Applies 18 U.S.C. § 2256

Relies on Grayned v. City of Rockford · Grayned v. City of Rockford · United States v. Loy · United States v. Guagliardo · Tillman v. State

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

  1. “[T]he definition of "child pornography" found in the federal statute might be a useful tool in this endeavor. See 18 U.S.C. § 2256 (8). And the trial court might prohibit [the probationer] from possessing any materials that fall under the definition of "obscene matter." See Ind.Code § 35-49-2-1. But whatever the court decides, the condition should be narrowly tailored to the goals of protecting the public and promoting [the probationer's] rehabilitation.”
    5 later decisions quote this exact passage
  2. “[a] trial court enjoys broad discretion when determining the appropriate conditions of probation. Freije v. State, 709 N.E.2d 323, 324 (Ind.1999). This discretion is limited only by the principle that the conditions imposed must be reasonably related to the treatment of the defendant and the protection of public safety. Carswell v. State, 721 N.E.2d 1255, 1258 (Ind.Ct.App.1999). Where, as here, the defendant challenges a pro bationary condition on the basis that it is unduly intrusive on a constitutional right, we will evaluate that claim by balancing the following factors: (1) The purpose to be served by probation, (2) the extent to which constitutional rights enjoyed by law-abiding citizens should be enjoyed by probationers, and (B) the legitimate needs of law enforcement.”
    4 later decisions quote this exact passage
  3. “pornographic or sexually explicit materials”
    4 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.