365 N.J. Super. 356 - State v. Wahl’s Empirical Analysis
2004
Citation profile
7 state decisions
Relationships
Applies 18 U.S.C. § 921 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 927
Relies on Jones v. Rath Packing Co. · Gibbons v. Ogden · Gade v. National Solid Wastes Management Assn. · Rova Farms Resort, Inc. v. Investors Insurance Co. of America · Scarborough v. United States
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Is a misdemeanor under Federal or State law or, in States which do not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of one year or less, and includes offenses that are punishable only by a fine. (This is true whether or not the State statute specifically defines the offense as a "misdemeanor" or as a "misdemeanor crime of domestic violence." . . . ) (2) Has, as an element, the use or attempted use of physical force (e.g., assault and battery), or the threatened use of a deadly weapon; and (3) Was committed by . . . a person similarly situated to a spouse, parent, or guardian of the victim (e.g., two persons who are residing at the same location in an intimate relationship with the intent to make that place their home would be similarly situated to a spouse). [ 27 C.F.R. § 478.11 .]”
1 later decision quote this exact passage · from the majority“After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.A 2C:58-3e. and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists. [N.J.S.A 2C:25-21d.]”
1 later decision quote this exact passage · from the majority“. . . ) (2) Has, as an element, the use or attempted use of physical force (e.g., assault and battery), or the threatened use of a deadly weapon; and (3) Was committed by . . . a person similarly situated to a spouse, parent, or guardian of the victim (e.g., two persons who are residing at the same location in an intimate relationship with the intent to make that place their home would be similarly situated to a spouse). [ 27 C.F.R. § 478.11 .] We have previously concluded that the disorderly persons offense of simple assault satisfies the first criterion of a”
1 later decision quote this exact passage · from the majority
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.