Jernigan v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The South Carolina statute which calls for biannual parole review hearings for all violent offenders is clearly distinguishable from the very specific statute at issue in Morales . Under South Carolina law, there is [sic] a variety of crimes defined as violent, and the possible sentences for these crimes'range from one year to life imprisonment. In Morales , the statute applied to a very well-defined set of inmates — multiple killers — while the South Carolina statute applies equally to a variety of inmates — from murderers to marijuana traffickers — and many of these inmates will likely be paroled at some point. Moreover, the South Carolina statute does not require any specific findings in order to defer parole review for two years; instead, the two-year interval is automatic after an initial denial of parole.”

   1 later decision quote this exact passage
   e.g. Barton v. South Carolina Department of Probation Parole & Pardon Services

2. “In any event, more expansive rights may be afforded under state constitutional provisions than those conferred by the federal constitution. Accordingly we find the change in parole consideration under § 24-21-645 offends S.C. Const, art. I, § 4, even if the federal constitution is not offended.”

   1 later decision quote this exact passage
   e.g. Barton v. South Carolina Department of Probation Parole & Pardon Services

3. “[a] law which imposes additional punishment to that prescribed at the time the offense was committed is prohibited under the ex post facto clauses of the United States and South Carolina Constitutions.”

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