Public-domain · open source
OpenJurist
← 721 SO2D 620 - ONE (1) CHARTER ARMS v. State

ONE (1) CHARTER ARMS v. State’s Empirical Analysis

1998

Citation profile

8
cited by 8 later decisions
2
states following
May 2018
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 2018

8 state decisions

50199820002010decided

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 Harmelin v. Michigan · Austin v. United States · United States v. Ursery · United States v. Bajakajian · Shieh v. State Bar

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

  1. “(1) The nexus between the offense and the property and the extent of the property’s role in the offense; (2) The role and culpability of the owner; (3) The possibility of separating the offending property from the remainder; and (4) Whether, after a review of all relevant facts, the forfeiture divests the owner of property which has a value that is grossly disproportionate to the crime or grossly disproportionate to the culpability of the owner.”
    6 later decisions quote this exact passage
  2. “Here there is no doubt that the [seized vehicle] was used to transport [the property owner] Williams into a known drug area to purchase cocaine, afforded him quick egress from the area, and allowed him a measure of privacy in which to consume his ill-gotten drugs.... * * * It is undisputed that Williams had only one rock of cocaine in his possession at the time of his arrest. Furthermore, the cocaine was not hidden or concealed in the car, it was on his person. Williams, with no prior felony convictions regarding controlled substances, paid a $2,500 fine for possession of cocaine and was placed on probation for a period of three years. Considering these additional facts under the fourth prong of the test set forth above, the conclusion is that the forfeiture of the Corvette is grossly disproportionate to the crime.”
    1 later decision quote this exact passage
  3. “The United States Supreme Court has not yet prescribed a test for determining whether a forfeiture is an excessive fine.... The Mississippi Constitution has its own excessive fines clause, which is identical to the Excessive Fines Clause of the United States Constitution. Miss. Const. art. 3 § 28 (1890).”
    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.