State v. Des Marets’s Empirical Analysis
1983
Citation profile
183 state decisions
How this case has been cited
Cited by 183 later decisions — most recently May 2019 · most notably State v. Roth (1984), State v. Ramseur (1987)
183 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 Missouri v. Hunter · Bell v. United States · Busic v. United States · State v. Johnson · United States v. Wiltberger
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 183 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] person who has been convicted of an offense enumerated by this subsection and who used or possessed a firearm during its commission, attempted commission or flight therefrom and who has been previously convicted of an offense involving the use or possession of a firearm as defined in [N.J.S.A] 2C:44-3d., 5 shall be sentenced by the court to an extended term as authorized by [N.J.S.A.] 2C:43-7c., notwithstanding that extended terms are ordinarily discretionary with the court. [Ibid, (emphasis added).]”
5 later decisions quote this exact passage · from the dissente.g. State v. Scott · State v. Franklin“... whether the nature of the criticized punishment shocks the general conscience and violates principles of fundamental fairness; whether comparison shows the punishment to be grossly disproportionate to the offense; and whether the punishment goes beyond what is necessary to accomplish any legitimate penal aim. State v. Hampton, 61 N.J. 250, 273-74 (1972). The showing that must be made to sustain the claim is substantial. See, e.g., State v. Fearick, supra, 69 N.J. 32 (1976). [State v. Des Marets, supra, 92 N.J. 82 ]”
3 later decisions quote this exact passage · from the dissent“"A person who has been convicted ... of a crime under any of [the enumerated statutory sections] . .. who while in the course of committing ... the crime, including the immediate flight therefrom . .. was in possession of a firearm ... shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term ... during which the defendant shall be ineligible for parole." [Emphasis added] N.J.S.A. 2C:43-6C.”
3 later decisions quote this exact passage · from the dissent
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.