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← 640 P.2d 83 - Benson v. State

Benson v. State’s Empirical Analysis

1982

Citation profile

3
cited by 3 later decisions
3
states following
June 2006
most recently cited

3 state decisions

Relationships

Applies 18 U.S.C. § 921 (Brady Handgun Violence Prevention Act)

Relies on Terry v. Ohio · Preston v. United States · International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers v. Hardeman · Marina Mercante Nicaraguense, S. A. v. McAllister Bros. · 29 Cal. 3d 20 - People v. Szeto

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]he district court ruled that the police officer should be allowed to answer the question because the fact that appellant had been convicted of aggravated assault with a firearm, together with the fact that the arresting officer in this case knew that the complaint upon which the warrant was based alleged appellant had a gun, operated to show why the arresting officer acted as he did when he stopped appellant.”
    1 later decision quote this exact passage
  2. “(3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.... Such term does not include an antique firearm. [[Image here]] (16) The term "antique firearm" means- [[Image here]] (C) any muzzle loading rifle ... which is designed to use black powder. ...”
    1 later decision quote this exact passage
  3. “(a) Any person who has previously pleaded guilty or been convicted of murder, voluntary manslaughter, assault to commit murder, aggravated assault, robbery, burglary or sexual assault in the first or second degree, or mayhem, unless pardoned, and who uses or has in his possession any firearm is guilty of a felony.”
    1 later decision quote this exact passage

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.