Kinkel v. Persson’s Empirical Analysis

Citation profile

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

1. “'the rare juvenile offender[s] whose crime reflects irreparable corruption,'”

   3 later decisions quote this exact passage
   e.g. White v. Premo · 297 Or. App. 126 - State v. Link

2. “If [a defendant sentenced to an aggregate sentence for multiple offenses] has subjected himself to a severe penalty, it is simply because he has committed a great many such offenses. It would scarcely be competent for a person to assail the constitutionality of the statute prescribing a punishment for burglary on the ground that had he committed so many burglaries that, if punishment for each were inflicted on him, he might be kept in prison for life. The mere fact that cumulative punishments may be imposed for distinct offenses in the same prosecution is not material upon this question. If the penalty were unreasonably severe for a single offense, the constitutional question might be urged; but here the unreasonableness is only in the number of offenses which the [defendant] has committed.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Slocumb

3. “To date, the [Supreme] Court has not extended its holdings in Roper, Miller, and Graham to lesser minimum sentences * [than life without parole].... The [Supreme] Court neither considered nor decided in Miller and Graham how the categorical limitations that it announced for a single sentence for one conviction would apply to an aggregate sentences for multiple convictions.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Slocumb