State v. Wedge’s Empirical Analysis
1982
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently September 2018
18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Notwithstanding the provisions of ORS 161.605 or 137.010(2), if the court finds beyond a reasonable doubt that the defendant used or threatened to use a firearm during the commission of the crime, it shall impose at least the minimum term of imprisonment as provided in subsection (5) of this section. * * *" (Emphasis supplied.)”
2 later decisions quote this exact passage“[T]he facts which constitute the crime are for the jury and those which characterize the defendant are for the sentencing court.”
2 later decisions quote this exact passage“The cases [which hold that a defendant is entitled to have a jury decide whether the government has proved the aggravating circumstance] concern statutes ... wherein an additional and enhanced sentence may be imposed upon a defendant who commits a crime with a firearm. Such statutes frequently provide that one who commits a felony with a firearm may receive a separate sentence for the use of the firearm in addition to whatever sentence may be imposed for the felony. In construing such statutes, [courts hold] that the question as to whether a firearm was used must be determined by the trier of fact before the additional sentence may be imposed [because these] statutes define a new class of crimes by adding a new element, use of a firearm, and the existence of the new element requires an additional finding of fact. We believe [that the statute at issue here] is distinguishable from those statutes of other jurisdictions.... [The Kansas sentencing statute] has the effect of imposing a mandatory minimum sentence for all Article 34 crimes in which the defendant used a firearm in the commission of the crime.... While [our statute] limits the range of authorized dispositions available to the trial court in some instances, it does not create a new class of crimes, add a new element to the statutory definition of already existing crimes, or provide for an additional sentence. Use of a firearm under the statute is not made an element of the offense charged, and is only pertinent to the ”
1 later decision quote this exact passagee.g. State v. Dague
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.