Rust v. State’s Empirical Analysis
1978
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 2005
12 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.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As the Commentary explains, subsection (2) of the firearm statute is meant to apply when the Code grades an offense more severely because a deadly weapon is used. The difference between robbery and aggravated robbery illustrates the legislative purpose. Simple robbery is defined as the employment or threatened employment of physical force upon another person with the purpose of committing a theft. It is a class B felony. § 41-2103. Aggravated robbery is defined as robbery committed by one who is armed with a deadly weapon or who inflicts or attempts to inflict death or serious physical injury. It is a class A felony. § 41-2102. Hence one who commits robbery with a firearm necessarily commits aggravated robbery; so enhanced punishment under the firearm statute is deemed unfair.”
1 later decision quote this exact passagee.g. Williams v. State“(E) The offender employed a firearm in the course of or in furtherance of the felony, or in immediate flight therefrom. This factor does not apply to an offender convicted of a felony, an element of which is: (i) Employing or using, or threatening or attempting to employ or use, a deadly weapon; or (ii) Being armed with a deadly weapon; or (iii) Possessing a deadly weapon; or (iv) Furnishing a deadly weapon; or (v) Carrying a deadly weapon ....”
1 later decision quote this exact passagee.g. Williams v. State“[s]ubsection (2) is necessitated by the fact that a number of Code offenses are graded more severely when a deadly weapon is involved. It is obviously unfair to convict a person of a more serious felony because he used a deadly weapon and then further increase the penalty for the felony because the deadly weapon was a firearm.”
1 later decision quote this exact passagee.g. Williams 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.