State v. Chouinard’s Empirical Analysis
1979
Citation profile
2 district · 10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2019
2 district · 10 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
Applies 18 U.S.C. § 924
Relies on Blue Chip Stamps v. Manor Drug Stores · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Addington v. Texas · Harris v. Oklahoma · 7 Cal. 3d 666 - People v. Chambers
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[b]y employing the term, “uses” instead of “while armed” the Legislature requires something more than merely being armed.... The intentional firing of the gun is use of the firearm. The display of the gun in a menacing manner as a means of accomplishing a robbery or the employment of the gun to strike or “pistol whip” the victim is certainly “use” of the gun in the commonly accepted definition of that term.”
3 later decisions quote this exact passage“If the Legislature had intended the firearm enhancement provision to apply whenever a person committing a felony was armed, it would have written such a provision into the statute. Compare the New Mexico armed robbery statute, § 30-16-2, N.M.S.A. (1978) (applicable to anyone who “commits robbery while armed with a deadly weapon”); 18 U.S.C. § 924 (c) (1970) (penalty for using or carrying a firearm during the commission of a felony); Cal.Penal Code § 12022(a) (West Cum.Supp.1979) (enhancement for attempt or commission of felony while armed); Mich.Comp.Laws Ann. § 750.277b (Cum.Supp. 1979-1980) (carrying a firearm at commission of a felony is in itself a felony).”
1 later decision quote this exact passage“A. When a separate finding of facts by the court or jury shows that a firearm was used in the commission of: (1) any felony except a capital felony, the minimum and maximum terms of imprisonment prescribed ... shall each be increased by five years. ...”
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.