Miller v. State’s Empirical Analysis

Citation profile

2 federal appellate · 20 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: You have 80 days from today’s date, Mr. Miller, to petition a higher court, called the Court of Special Appeals. And if your application for appeal is granted, you have ten days to ask our court reporter to type out the proceeding of this plea. Do you understand that? THE [APPELLANT]: Yes, sir. THE COURT: And you have 30 days to ask a three-judge panel composed of three judges other than myself to review your sentence. They may increase your sentence, decrease it or maintain it as is.... Lastly, you have the right to ask me as the sentencing judge to reconsider your sentence. I cannot increase your sentence. I could not, in my opinion, decrease it because I am bound by law to impose a five-year mandatory sentence, or I can leave it the same. Do you understand your rights? And your request is to be made in 90 days. THE [APPELLANT]: Okay.”

   1 later decision quote this exact passage
   e.g. 198 Md. App. 633 - State v. CASTELLON-GUTIERREZ

2. “On the merits, the ultimate issue would be the voluntariness of the 1999 guilty plea. At the coram nobis hearing at which this contention was raised, the appellant was the only witness to take the stand. At no time did he come remotely close to testifying that if he had known that he had only a right to apply for leave to appeal rather than an unfettered right to appeal, he would never have entered the guilty plea. Even if such a notion might seem outlandish, the appellant could have raised it, but did not. His, of course, was the burden of proof and he never suggested what prejudice he suffered as a result of his imperfect knowledge. Without some prejudice, there is no reversible error.”

   1 later decision quote this exact passage
   e.g. 221 Md. App. 45 - Sam Yonga v. State

3. “In general, however, a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government. To put it differently, a case announces a new rule if the result was not dictated by precedent existing at the time the defendant’s conviction became final.”

   1 later decision quote this exact passage
   e.g. Guardado v. State