Sellmon v. Reilly’s Empirical Analysis

Citation profile

1 federal appellate · 11 district ·

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “retroactive application” of USPC’s guidelines as a violation of the Ex Post Facto Clause of the United States Constitution. See Am. Pet. at 3. He claims that issuance by USPC of the supplement to the Parole Board's warrant and application of USPC parole revocation guidelines to his case "created a significant risk of increased punishment, and is thus an unconstitutional ex post facto law.” Id. Petitioner is not entitled to application of any other set of guidelines, such as the regulations promulgated by the Parole Board in 1987, because his offense of conviction occurred in 1978, years before those regulations were in effect. Given that "under the pre-1987 regime, the [Parole] Board’s discretion to grant or deny parole was totally unfettered,”

   1 later decision quote this exact passage · from the majority
   e.g. 943 F. Supp. 2d 77 - Ramsey v. Faust

2. “the Board had no formalized scoring system, but was required by regulation to consider factors such as the inmate’s offense, prior history of criminality, personal and social history, physical and emotional health, institutional experience, and availability of community resources, when exercising its discretion to authorize parole.... The decision to grant parole remained within the discretion of the Board, provided “there [was] a reasonable probability that a prisoner w[ould] live and remain at liberty without violating the law, [and] that his release [was] not incompatible with the welfare of society,” ... a provision that mirrored the parole statute then in effect.”

   1 later decision quote this exact passage · from the majority
   e.g. 606 F. Supp. 2d 4 - Austin v. Reilly