State v. Andrews’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The juvenile division’s consideration of the statutorily defined criteria in determining whether it should retain jurisdiction over a juvenile is not the type of factual determination that was understood to be within the jury’s domain by the framers of the Bill of Rights and, therefore, is not controlled by Apprendi and its progeny. In fact, the determination of those criteria does not increase the statutory maximum punishment the juvenile will face; it only determines which court has final jurisdiction over the juvenile. The statutory maximum punishment is established by statutes found in the criminal code, not by a juvenile division in a certification proceeding.”

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

2. “did not expose him to any greater punishment than authorized by the jury’s verdict as required to violate Apprendi. This is because the judgment that certified [the juvenile] to be tried as an adult did not impose any sentence on him whatsoever. Instead, it only determined that his case would be heard in a circuit court of general jurisdiction rather than the juvenile division of the circuit court — a decision to which other courts have determined Apprendi does not apply.”

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

3. “[t]he courts in every jurisdiction that have juvenile-certification statutes similar to Missouri’s and that have considered this issue have concluded that Apprendi’s rule does not apply to juvenile transfer or certification proceedings and that there is no constitutional right to a jury determination respecting the transfer of a juvenile’s case to a court of general jurisdiction.”

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