State v. Ternes’s Empirical Analysis
1977
Citation profile
1 federal appellate · 21 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2010
1 federal appellate · 21 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 Berra v. United States · Northern Pacific Railroad v. Herbert · Balistrieri v. United States · Florida-Georgia Television Co. v. Federal Communications Commission · Northern Pac Co v. Herbert
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We believe it proper to construe § 12.1-32-09, NDCC, to mean that, except as hereinafter noted, the prosecutor must show that a period of confinement greater than that normally provided as a penalty for the particular offense is required to protect the public from further criminal conduct. Because of definitive language in § 12.1-32-09(l)(e), NDCC, we conclude that this showing can be made by mere proof that the defendant used a firearm, dangerous weapon, or destructive device in the commission of an offense or during the flight therefrom.” State v. Ternes, supra, at 299.”
2 later decisions quote this exact passage · from the dissente.g. State v. Wells · Clark v. State“"We interpret the words of the statute as establishing four categories of special offenders who may be shown to be dangerous, and one category of special offenders who are, per se, dangerous." 259 N.W.2d 296 at 299 .”
2 later decisions quote this exact passagee.g. State v. Wells · State v. Wells““(a) Whenever an attorney charged with the prosecution of a defendant . has reason to believe that the defendant is a dangerous special offender such attorney, a reasonable time before trial or acceptance by the court of a plea of guilty or nolo contendere, may sign and file with the court, and may amend, a notice (1) specifying that the defendant is a dangerous special offender who upon conviction for sueh felony is subject to the imposition of a sentence under subsection (b) of this section, and (2) setting out with particularity the reasons why such attorney believes the defendant to be a dangerous special offender. , “(e) A defendant is a special offender for purposes of this section if— (1) the defendant has previously been convicted ... for two or more offenses committed on occasions different from one another . . . ; or (2) the defendant committed such felony as part of a pattern of conduct which was criminal under applicable laws of any jurisdiction, which constituted a substantial source of his income, and in which he manifested special skill or expertise; or (3) such felony was, or the defendant committed such felony in furtherance of, a conspiracy . “(f) A defendant is dangerous for purposes of this section if a period of confinement longer than that provided for such felony is required for the protection of the public from further criminal conduct by the defendant.””
1 later decision quote this exact passagee.g. State v. Wells
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.