State v. Franklin’s Empirical Analysis

Citation profile

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

1. “[i]n the future, if the State intends to seek an extended term under the Graves Act, it must obtain an indictment charging possession or use of the gun in the commission of one of the designated crimes and then submit the charge to the jury.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 388 N.J. Super. 190 - State v. Rountree · 379 N.J. Super. 498 - State v. Young

2. “is a fact that must be presented to a grand jury and found by a petit jury beyond a reasonable doubt . . . .”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 388 N.J. Super. 190 - State v. Rountree · 391 N.J. Super. 291 - State v. Velasquez

3. “[t]he judge's finding that defendant possessed or used a gun in the commission of the crime resulted in the imposition of a sentence beyond the range authorized by the jury verdict in violation of the Sixth Amendment and Fourteenth Amendment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 379 N.J. Super. 498 - State v. Young