State v. Calhoun’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A State may remedy a Miller violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them.”

   7 later decisions quote this exact passage
   e.g. State v. Olivier · State v. Palmer

2. “[T]he judiciary did not usurp legislative power in creating a "sentencing range" for juvenile homicide offenders. The defendant received the mandatory minimum sentence available under Miller , La. R.S. 14:31, and La. C. Cr. P. art. 878.1. As this Court noted in Fletcher , supra, the legislature was not required to amend the murder statutes to provide for sentencing of juvenile homicide defendants. Further, the legislature designed an adequate solution to Miller by creating statutes relating to parole eligibility for juvenile homicide defendants, which are to be read in conjunction with the murder statutes.”

   3 later decisions quote this exact passage
   e.g. State v. Harvin · 258 So. 3d 973 - State v. Smith

3. “[t]he sole question to be answered in a Miller hearing is whether the defendant should have a chance for parole.”

   3 later decisions quote this exact passage
   e.g. State v. Preston · 239 So. 3d 920 - State v. Comeaux