Hernandez v. State’s Empirical Analysis

Citation profile

1 federal appellate · 11 state decisions

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.

1. “[I]f the state ... seeks imposition of a life sentence without the possibility of parole, the trial court must conduct an individualized examination of mitigating circumstances in considering the fairness of imposing such a sentence. Under Miller , a sentence of life without the possibility of parole remains a constitutionally permissible sentencing option.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Neely v. State · Copeland v. State

2. “Miller provides little guidance on how to proceed with resentencing juveniles convicted under mandatory sentencing schemes. Under Miller , while a sentence of life without parole remains constitutional in homicide cases, the sentencing court must be free to impose a lesser sentence when the defendant’s youth or the circumstances of the crime so indicate. Florida Statutes, however, do not currently provide for lesser sentences in first-degree murder cases. Miller has thus opened a breach in Florida’s sentencing statutes.”

   2 later decisions quote this exact passage
   e.g. Neely v. State · Brighton v. State

3. “does not have to be the ultimate or last possible act toward consummation of the crime.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Hylor v. United States