Smith v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “specifically not[ing] that one of the aggravating factors present in this matter is a prior violent felony conviction”

   3 later decisions quote this exact passage · from the majority
   e.g. 965 So. 2d 79 - Franklin v. State · 970 So. 2d 806 - Frances v. State

2. “The capital felony was a homicide and was committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification. Certainly the murder of Aaron Knight has no moral or legal pretense or justification at all. Cold, calculated and premeditated. Judge, I have already cleared State’s 60 with your bailiffs. Defendant Rimmer walks up to Aaron Knight, back from his car, and says, ‘You know me, don’t you?” And Aaron Knight says, “No.” And then what does the defendant do? (“Click” from gun.) Shoots him in the back of the head. I submit to you that the murder of Aaron Knight fits all of those aggravating circumstances. And I submit to you all that the proper legal recommendation for Defendant Rimmer for the murder of Aaron Knight is death.”

   1 later decision quote this exact passage · from the majority
   e.g. 59 So. 3d 763 - Rimmer v. State

3. “[Florida's death penalty] statute contemplates that the trial jury, the trial judge and this Court will exercise reasoned judgment as to what factual situations require the imposition of death and which factual situations can be satisfied by life imprisonment in light of the totality of the circumstances present in the evidence. Certain factual situations may warrant the infliction of capital punishment, but, nevertheless, would not prevent either the trial jury, the trial judge, or this Court from exercising reasoned judgment in reducing the sentence to life imprisonment.”

   1 later decision quote this exact passage · from the majority
   e.g. Troy v. State