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← 291 Or. 153 - State v. Shumway

State v. Shumway’s Empirical Analysis

1981

Citation profile

24
cited by 24 later decisions
1
states following
June 2019
most recently cited

2 federal appellate · 4 district · 16 state decisions

How this case has been cited

Cited by 24 later decisions — most recently June 2019

2 federal appellate · 4 district · 16 state decisions

1001981199020002010decided

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 Lockett v. Ohio · Woodson v. North Carolina · Roberts v. Louisiana · Roberts v. Louisiana · Kadderly v. Portland

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

  1. “"Under this statutory scheme, a defendant receives a lesser minimum sentence to be served before being eligible for parole for aggravated intentional homicide than he does for an unaggravated intentional homicide. This is in violation of Art. I, § 16 of the Oregon Constitution and that provision in ORS 163.115(5) requiring the defendant to serve not less than 25 years before becoming eligible for parole is invalid and cannot be applied to the defendant; the statutory provision requiring a life sentence is valid." Shumway, 291 Or. at 164 , 630 P.2d 796 .”
    2 later decisions quote this exact passage
  2. “[W]hen the legislature enacts a subsequent statute which is repugnant to or in conflict with a prior statute, but contains no language expressly repealing the prior statute, the prior statute is impliedly repealed.”
    2 later decisions quote this exact passage
  3. “"* * * commits or attempts to commit arson in the first degree, burglary in the first degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree or sodomy in the first degree and in the course of and in furtherance of the crime he is committing or attempting to commit, or the immediate flight therefrom, he, or another participant if there be any, causes the death of a person other than one of the participants; * * *." (Emphasis added)”
    1 later decision quote this exact passage

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.