May v. Sumner’s Empirical Analysis
622 F.2d 997 · 1980
Citation profile
5 federal appellate · 4 state decisions
How this case has been cited
Cited by 11 later decisions — most recently July 2016
5 federal appellate · 4 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 · Whalen v. United States · Simpson v. United States · Busic v. United States · 17 Cal. 3d 330 - In Re Culbreth
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘* * * The double jeopardy clause does not limit the legislature’s power to impose sentences for a given crime. It is uncontested that the California legislature could have created a single offense which provided one sentence for simple robbery, a greater sentence for robbery with a deadly weapon, and a still greater sentence if the deadly weapon were a firearm. California chose to accomplish this result by two statutes instead of one. To strike down the scheme adopted by California in this case would ‘operate not as a substantive or penological restriction, but as a literary critique of the legislature.’ Cordova v. Romero [(C.A. 10, 1980), 614 F.2d 1267 , 1269], supra, quoting, Note, Twice in Jeopardy, 75 Yale L.J., 262 , 302 (1965).””
3 later decisions quote this exact passage · from the majority““ ‘Any person who uses a firearm in the commission or attempted commission of a robbery * * * shall, in addition to the punishment prescribed for the crime of which he has been convicted, be punished by imprisonment in the state prison for a period of not less than five years. Such additional period of imprisonment shall commence upon expiration or other termination of the sentence imposed for the crime of which he is convicted and shall not run concurrently with such sentence. (( * * “ ‘This section shall apply even in those cases where the use of a weapon is an element of the offense.’ ” May v. Sumner, supra, at 998, fn. 1 .”
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.