State v. Hudson’s Empirical Analysis
1978
Citation profile
4 federal appellate · 39 state decisions
How this case has been cited
Cited by 44 later decisions — most recently August 2006 · most notably Sours v. State (1980), Sours v. State (1980)
4 federal appellate · 39 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 Blockburger v. United States · Brown v. Ohio · Gore v. United States · Ex Parte Nielsen · Harris v. Oklahoma
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ Use of firearms or explosives in committing or escaping from a felony-Penal ties-Any person who employs any firearm or any explosive device while committing or escaping from a felony is guilty of a felony, and on conviction of the first offense shall be punished by imprisonment in the penitentiary for five (5) years and on conviction of a second offense shall be punished by imprisonment in the penitentiary for ten (10) years. The imposition of any sentence required by this section shall not be suspended, deferred or withheld nor shall the defendant be eligible for parole prior to serving said sentence. “The period of confinement imposed by this section shall be in addition to any penalty provided by law as punishment for any other felony, and shall run consecutively, and not concurrently, with any other period of confinement.””
3 later decisions quote this exact passagee.g. Walker v. State · Sours v. State““. . . T.C.A., sec. 39 — 4914, is to be applied only with respect to those felonies for which the law does not otherwise provide an increase in punishment for use of a firearm in committing such felonies. (emphasis supplied) 562 S.W.2d at 419 .”
3 later decisions quote this exact passagee.g. State v. Thomas · Walker v. State“To give a literal interpretation to the . phrase [“is guilty of a felony”] results, of course, in the conclusion that this statute creates and defines a new felony that is separate and distinct from the “principal” felony which is committed by means of a firearm. But such a construction would result in a statute that could not be applied as the legislature intended without running afoul of the double jeopardy prohibitions of our state and federal constitutions. Separate convictions for the “principal” felony and the new use of a firearm felony could not stand without violating the double jeopardy clause.”
1 later decision quote this exact passagee.g. Sours 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.