McMillan v. Pennsylvania’s Empirical Analysis
1986
Citation profile
1,717 federal appellate · 235 district · 1,131 state decisions
How this case has been cited
Cited by 3,885 later decisions (81 by the Supreme Court) — most recently December 2025 · most notably United States v. Booker (2004), Apprendi v. New Jersey (2000)
1,717 federal appellate · 235 district · 1,131 state decisions — followed in 37 states
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
Relies on Jackson v. Virginia · In the Matter of Samuel Winship · Santosky v. Kramer · Mullaney v. Wilbur · Williams v. People of State of New York
Cited together with Apprendi v. New Jersey · In the Matter of Samuel Winship · Patterson v. New York · Williams v. People of State of New York · Jones 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 3,885 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“there is no Sixth Amendment right to jury sentencing, even where the sentence turns on specific findings of fact.”
107 later decisions quote this exact passage“a tail which wags the dog of the substantive offense.”
95 later decisions quote this exact passage · from the majority“[W]e have little difficulty concluding that in this case the preponderance standard satisfies due process.”
54 later decisions quote this exact passage · from the majority
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.