7 Wash. App. 176 - State v. Rose’s Empirical Analysis
1972
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2008
21 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 · Gore v. United States · 77 Wash. 2d 593 - State v. Miles · 62 Wash. 2d 362 - State v. Persinger · 80 Wash. 2d 47 - State v. Stiltner
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(1) For the first offense the offender shall be guilty of a felony and the court shall impose a sentence of not less than five years, which sentence shall not be suspended or deferred; “(2) For a second offense, or if, in the case of a first conviction of violation of any provision of this section, the offender shall previously have been convicted of violation of the laws of the United States or of any other state, territory or district relating to the use or possession of a firearm while committing or attempting to commit a crime, the offender shall be guilty of a felony and shall be imprisoned for not less than seven and one-half years, which sentence shall not be suspended or deferred; “(3) For a third or subsequent offense, or if the offender shall previously have been convicted two or more times in the aggregate of any violation of the law of the United States or of any other state, territory or district relating to the use or possession of a firearm while committing or attempting to commit a crime, the offender shall be guilty of a felony and shall be imprisoned for not less than fifteen years, which sentence shall not be suspended or deferred; “(4) Misdemeanors or gross misdemeanors categorized as ‘Inherently Dangerous’ as the term is used in this statute means any of the following crimes or an attempt to commit any of the same: Assault in the third degree, provoking an assault, interfering with a public officer, disturbing a meeting, riot, remaining after warning, ob”
3 later decisions quote this exact passage“The constitutional impediments to types of punishment are limited to cruel or unusual punishment—not harsh punishment. U.S. Const, amend! 8; Const, art. 1, § 14. All punishment by confinement in a penitentiary is harsh in the sense that it is strongly unpleasant to the person upon whom it is inflicted. We do not, however, find that the statutory minimum period of confinement or the statutory maximum period of control is either cruel or unusual in view of the gravity of the crimes perpetrated by the defendant.”
2 later decisions quote this exact passage““Neither do we find any merit in the defendant’s contention that consecutive sentences are prohibited because they all result from the commission of a single act. The thrust of defendant’s contention is that all of the counts charged amount to the commission of only one offense. The test to be applied to determine whether or not there is only one offense, is whether each count requires proof of an additional fact which the other does not. Blockburger v. United States, 284 U.S. 299 [parallel cites omitted] (1932). See also Gore v. United States, 357 U.S. 386 [parallel cites omitted] (1958).””
1 later decision quote this exact passagee.g. Woofter v. O'DONNELL
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.