843 So. 2d 1010 - Smith v. State’s Empirical Analysis
2003
Citation profile
5 state decisions
Relationships
Relies on 491 So. 2d 1129 - State v. DiGuilio · 753 So. 2d 29 - Rodriguez v. State · 575 So. 2d 181 - Jackson v. State · 476 So. 2d 150 - State v. Marshall · 654 So. 2d 1295 - Shelton 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Florida, we have adopted a very liberal rule for determining whether a comment constitutes a comment on silence: any comment which is `fairly susceptible' of being interpreted as a comment on silence will be treated as such.”
1 later decision quote this exact passage · from the majority“State cannot comment on a defendant's failure to produce evidence to refute an element of the crime because doing so could erroneously lead the jury to believe the defendant carried the burden of introducing evidence.”
1 later decision quote this exact passage · from the majoritye.g. Hill v. State“the statement `Nobody testified he wasn't the guy,' can only be taken as intended to suggest, impermissibly, that appellant had some burden to present evidence refuting the State's identification testimony.”
1 later decision quote this exact passage · from the majoritye.g. Hill v. State
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.