People v. Buford’s Empirical Analysis
2016
Citation profile
8
cited by 8 later decisions
1
states following
August 2018
most recently cited
8 state decisions
Relationships
Relies on Apprendi v. New Jersey · Blakely v. Washington · Dillon v. United States · 43 Cal. 3d 1379 - Dyna-Med, Inc. v. Fair Employment & Housing Commission · Alleyne v. United States
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In exercising its discretion, the court may consider a wide variety of factors, such as the petitioner's whole criminal history, including 'the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes,' [the] petitioner's 'disciplinary record and record of rehabilitation while incarcerated,' and any other relevant evidence.”
2 later decisions quote this exact passage“'escape valve' " the electorate had envisioned would prevent dangerous felons from being released under the Reform Act, not application of a lower burden of proof as to ineligibility criteria. Indeed, that the scheme included an additional requirement for resentencing reflects the electorate was aware of the differences between the prospective and retrospective portions of the Act and explicitly distinguished between them when it desired. 7 The determination whether a defendant poses an unreasonable risk of danger to public safety is discretionary ( § 1170.126, subd. (f) ), and several Courts of Appeal have properly concluded that "[t]he facts upon which the court's finding of unreasonable risk is based must be proven by the People by a preponderance of the evidence ... and are themselves subject to [appellate] review for substantial evidence.”
1 later decision quote this exact passage“it is the general rule in California that once a defendant is eligible for an increased penalty, the trial court, in exercising its discretion to impose that penalty, may rely on factors established by a preponderance of the evidence. [Citation.] As dangerousness is such a factor, preponderance of the evidence is the appropriate standard.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.