State v. Mossman’s Empirical Analysis

Citation profile

71 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he nature of the offense and the character of the offender . . . with particular regard to the degree of danger present to society.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Riffe · State v. Ross

2. ““ ‘Community consensus, while “entitled to great weight,” is not itself determinative of whether a punishment is cruel and unusual. [Citation omitted.] In accordance with the constitutional design, “the task of interpreting the Eighth Amendment remains our responsibility.” [Citation omitted.] The judicial exercise of independent judgment requires consideration of the culpability of the offenders at issue in light of their crimes and characteristics, along with the severity of the punishment in question. [Citations omitted.] In this inquiry the Court also considers whether tire challenged sentencing practice serves legitimate penological goals. [Citations omitted.]’ ” Mossman, 294 Kan. at 929 (quoting Graham, 560 U.S. at 67 ).”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Williams · State v. Dull

3. “[A] categorical proportionality analysis under the Eighth Amendment does not require a review of the district court's factual findings. Instead, only questions of law are implicated. This court has unlimited review over legal questions.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Reed · State v. Ruggles