Veal v. State’s Empirical Analysis

Citation profile

44 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “distinct determination on the record that [the defendant] is irreparably corrupt or permanently incorrigible, as necessary to put him in the narrow class of juvenile murderers for whom [a life-without-parole] sentence is proportional under the Eighth Amendment as interpreted in Miller as refined by Montgomery .”

   3 later decisions quote this exact passage
   e.g. Joey Montrell Chandler v. State of Mississippi · Williams v. United States

2. “[t]he hearing does not replace but rather gives effect to Miller 's substantive holding that life without parole is an excessive sentence for children whose crimes reflect transient immaturity”

   3 later decisions quote this exact passage
   e.g. People v. Skinner · Dennis v. State

3. “[A] sentence imposed in violation of th[e] substantive rule [created by Miller, supra] — that is, a[ ] [life-without-the-possibility-of-parole] sentence imposed on a juvenile who is not properly determined to be in the very small class of juveniles for whom such a sentence may be deemed constitutionally proportionate — “is not just erroneous but contrary to law and, as a result, void.” Montgomery, [supra, 136 SCt] at 731 [(II)]. [Accordingly,] state collateral review courts that are open to federal law claims must apply Miller retroactively if a petitioner challenges his sentence under the Eighth Amendment. 3”

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