Schardt v. Payne’s Empirical Analysis
414 F.3d 1025 · 2005
Citation profile
11 federal appellate · 7 state decisions
How this case has been cited
Cited by 72 later decisions — most recently August 2022 · most notably Butler v. Curry (2008), United States v. Cruz (2005)
11 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Teague v. Lane
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(every circuit court of appeals that addressed the question presented in Blakely reached the opposite conclusion from the rule subsequently announced by the Supreme Court”
2 later decisions quote this exact passagee.g. State v. Smart · People v. Johnson“implicating the fundamental fairness and accuracy of the criminal proceeding.' [Citations.]”
2 later decisions quote this exact passage“Looking at the legal developments prior to Canning ham, we conclude that the Supreme Court’s Sixth Amendment case law at the time Butler’s conviction became final [on November 7, 2005] compelled the conclusion that California’s DSL was unconstitutional. First in the line of pertinent cases was Apprendi , which held that any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt. Next, Blakely clarified that the statutory maximum for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant and reaffirmed Apprendi’s bright-line rule. Finally, Booker held that the Federal Sentencing Guidelines were invalid because, as in Blakely, the jury’s verdict alone does not authorize the sentence. The judge acquires that authority only upon finding some additional fact. Taken together, Apprendi, Blakely, and Booker , firmly established that a sentencing scheme in which the maximum possible sentence is set based on facts found by a judge is not consistent with the Sixth Amendment. In short, Cunningham did not add any new elements or criteria for determining when a state statute violates the Sixth Amendment. It simply applied the rule of Blakely to a distinct but closely analogous state sentencing scheme. That the Supreme Court held for the first time that California’s sentencing ”
1 later decision quote this exact passagee.g. Loher v. State
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.