Miller v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Miller , this Court concluded that Miller’s in-court admission that he was "serving 30 years right now” was sufficient to link Miller to the prior convictions mentioned in the State's motion to cumulate and to support the cumulation order. (Citation omitted). No other evidence of Miller's two previous convictions or that Miller was the same person in the two convictions was presented in that case. (Citation omitted). The only practical difference between Miller and this case is that there was a motion to cumulate filed in Miller that identified the prior convictions by cause number. (Citation omitted). But a motion is not evidence. (Citations omitted). And the State is not required to file a formal motion before a trial judge may cumulate sentences under article 42.08. Thus, the operative fact in Miller — that Miller admitted to currently serving a 30-year sentence — is present in this case because Mungaray is currently serving the 99-year sentence on a conviction that he admitted was being appealed. [Footnote omitted],”

   1 later decision quote this exact passage · from the majority
   e.g. Mungaray v. State