Walker v. State’s Empirical Analysis

Citation profile

6 state decisions

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. ““[Ajppellant was properly convicted of TCA § 39-3-403(b)(3) which provides enhanced punishment for those found to be in possession of a firearm at the time of breaking and entering a residence during the day. The evidence, accredited by the jury, shows that appellant obtained the pistol which he pointed at Officer Dickens from inside the burglarized dwelling. Our supreme court has held that breaking and entering in TCA 39-3-403(b)(3) means burglary and possession of a firearm by the burglar at any time during the commission of the offense is sufficient to enhance punishment.... The danger to human life from possession of a firearm which the enhancement provision was enacted to deter was present at appellant’s confrontation with police....””

   1 later decision quote this exact passage
   e.g. State v. Campbell

2. ““Although error was committed in charging and sentencing the defendant under the terms of T.C.A., § 39-4914, it does not follow that he is entitled to relief. Under the incorrect charge he was given a total sentence of eight years (three years under T.C.A., § 39-903, plus five years under T.C.A., § 39-4914). If the jury had been correctly charged under T.C.A. § 39-903, the minimum sentence which could have been assessed against the defendant is ten years. We, therefore, agree with the argument of the State that the error was harmless with respect to the defendant and that he is not entitled to relief.” Walker v. State, 606 S.W.2d 531, 533 (Tenn.1980).”

   1 later decision quote this exact passage
   e.g. Walker v. Garrington

3. ““The punishment of the burglar is enhanced if he had in his possession a firearm ‘at the time of the breaking and entering’. This does not mean that possession of a firearm after the actual physical break-in and entry has occurred does not call for enhancement; ‘breaking and entering’ is but another way of saying ‘burglary’; the words refer to the offense of burglary in its entirety. See Key v. State, 563 S.W.2d 184 (1978). Possession of a firearm by the burglar at any time during the commission of the offense is sufficient to enhance the punishment.””

   1 later decision quote this exact passage
   e.g. State v. Campbell