Stewart v. Commonwealth’s Empirical Analysis

Citation profile

4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well recognized that one of the functions of the Ex Post Facto Clause is to prevent a retroactive increase in punishment for a crime after its commission. Retroactive changes in laws relating to parole, in some instances, may be a violation. See Garner v. Jones, 529 U.S. 244 , 120 S.Ct. 1362 , 146 L.Ed.2d 236 (2000). However, in this situation, the decision to grant or deny parole is entirely discretionary with the Board. Belcher [v. Kentucky Parole Board, 917 S.W.2d 584 (Ky.App.1996) ]. Parole is a privilege and its denial has no constitutional implication. Morris v. Wingo, 428 S.W.2d 765 (Ky.1968).... In order to ascertain whether an ex post facto violation has occurred, the court must first determine whether a change in law or regulation creates a significant risk of increased punishment for the inmate. California Dept. of Corrections v. Morales, 514 U.S. 499 , 115 S.Ct. 1597 , 131 L.Ed.2d 588 (1995). “When the rule does not by its own terms show a significant risk, the respondent must demonstrate, by evidence drawn from the rule’s practical implementation by the agency charged with exercising its discretion, that its retroactive application will result in a longer period of incarceration than under the earlier rule.” See Garner, 529 U.S. at 255 , 120 S.Ct. 1362 , 146 L.Ed.2d 236 .”

   1 later decision quote this exact passage · from the majority
   e.g. Simmons v. Commonwealth

2. “The imposition of a condition of attendance at a Sex Offender Treatment Program is not punishment. It is merely a condition of parole which is within the sound discretion of the Parole Board. The completion of the program does not make the punishment more onerous for crimes committed before its enactment. Stewart has not been disadvantaged. Utilization of the Sex Offender Treatment Program by the Parole Board is one of the options available to the Board in determining the conditions of parole. The pertinent information required by statute is not limited to the individual facts of a particular crime, but rather encompasses matters that are relevant to the question of a determination that parole would be in the best interests of society. The Sexual Offender Treatment Program is required for sex offenders, but that does not mean that it _ cannot be a condition of parole for other offenders on a case-by-case basis.”

   1 later decision quote this exact passage · from the majority
   e.g. Phillips v. Commonwealth