Michael v. Ghee’s Empirical Analysis
498 F.3d 372 · 2007
Citation profile
7 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 24 later decisions — most recently May 2023
7 federal appellate · 1 district · 4 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 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on United States v. Booker · Blakely v. Washington · Parratt v. Taylor · Sandin v. Conner · Rose v. Lundy
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“) that was at issue under the Ex Post Facto clause of the United States Constitution. No. 15AP-793 12 {¶ 45} In Michael, the Sixth Circuit provides a summary and analysis of Garner: In 1998, the OAPA adopted guidelines designed to guide the discretion of parole officers making release determinations for Ohio inmates sentenced prior to July 1, 1996. The guidelines are similar to the guidelines used by the United States Parole Commission, using two factors to determine how long a prisoner should be incarcerated before parole: (1) the seriousness of the inmate's crime, and (2) the”
1 later decision quote this exact passage · from the majority“First, plaintiffs can establish an ex post facto violation if they can show that the guidelines, on their face, show a significant risk of increased incarceration. Garner, 529 U.S. at 255 , 120 S.Ct. 1362 . Second, when the guidelines do not by their own terms show a significant risk, plaintiffs “must demonstrate by evidence drawn from the [guidelines] practical implementation by the agency charged with exercising discretion, that its application will result in a longer period of incarceration than under the earlier [guidelines].””
1 later decision quote this exact passage · from the concurrence“The labels “regulation” and “guideline” are not determinative. And the existence of discretion is not dispositive. The controlling inquiry under Gamer is how the [decisionmaker] exercises discretion in practice, and whether differences between the exercise of discretion in two systems actually “createf ] a significant risk of prolonging ... incarceration.””
1 later decision quote this exact passage · from the concurrence
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.