People v. Berg’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(i) The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law. [¶] (ii) The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the sentence is being considered for recall. [¶] (iii) The defendant committed the offense with at least one adult codefendant. [¶] (iv) The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited to, availing himself or herself of rehabilitative, educational, or vocational programs, if those programs have been available at his or her classification level and facility, using self-study for self-improvement, or showing evidence of remorse.”

   1 later decision quote this exact passage
   e.g. 2 Cal. 5th 1040 - In re Kirchner

2. “a petition under section 1170, subdivision (d)(2) will meet the requirements of Miller and Montgomery , only if, at both the trial court's review of the sufficiency of the petition [citation] and at any hearing ordered thereafter, the People bear the burden, as they would at any initial sentencing under Miller and Gutierrez , of showing that the defendant is one of the rare individuals for whom no possibility of parole should be provided.”

   1 later decision quote this exact passage
   e.g. 2 Cal. 5th 1040 - In re Kirchner

3. “[a] State may remedy a Miller violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them. [Citation.] Allowing those offenders to be considered for parole ensures that juveniles whose crimes reflected only transient immaturity-and who have since matured-will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment.”

   1 later decision quote this exact passage
   e.g. 2 Cal. 5th 1040 - In re Kirchner