Maxwell, Ex Parte Terrell’s Empirical Analysis

Citation profile

2 federal appellate · 11 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The Ring] holding did not alter the range of conduct [the] law subjected to the death penalty. It could not have; it rested entirely on the Sixth Amendment’s jury-trial guarantee, a provision that has nothing to do with the range of conduct a State may criminalize. Instead, Ring altered the range of permissible methods for determining whether a defendant’s conduct is punishable by death, requiring that a jury rather than a judge find the essential facts bearing on punishment. Rules that allocate decisionmaking authority in this fashion are prototypical procedural rules, a conclusion we have reached in numerous other contexts.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. People v. Tate Banks v. People Jensen v. People · Petition of State of New Hampshire

2. “An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life without parole.”

   2 later decisions quote this exact passage · from the majority
   e.g. Nolley, Erron Keith · McCardle v. State

3. “In deciding the issue, the Court consolidated two cases: Miller , an Alabama case on direct appeal, and Jackson v. Hobbs, an Arkansas case on collateral review. Both cases involved 14-year-old boys convicted of first-degree murder and sentenced to mandatory life in prison without parole.” Ex parte Maxwell, 424 S.W.3d at 69 . 8 . Miller, 567 U.S.-, 132 S.Ct. at 2469 . 9 . Other courts have commented on how narrow the holding in Miller is. See, e.g., United States v. Reingold, 731 F.3d 204, 214 (2d Cir.2013) (”

   1 later decision quote this exact passage · from the majority
   e.g. Nolley, Erron Keith