Bunch v. Smith’s Empirical Analysis
685 F.3d 546 · 2012
Citation profile
8 federal appellate · 34 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Teague v. Lane · Roper Superintendent Potosi Correctional Center v. Simmons · Miller v. Alabama · Graham v. Florida · 132 S. Ct. 38 - Greene v. Fisher
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"At what number of years would the Eighth Amendment become implicated in the sentencing of a juvenile: twenty, thirty, forty, fifty, some lesser or greater number? ... Could the number [of years] vary from offender to offender based on race, gender, socioeconomic class or other criteria? Does the number of crimes matter?" ... Also, "What if the aggregate sentences are from different cases? From different circuits? From different jurisdictions? If from different jurisdictions, which jurisdiction must modify its sentence or sentences to avoid constitutional infirmity?"”
4 later decisions quote this exact passage · from the majority“A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term.”
4 later decisions quote this exact passage · from the majority“'contrary to, or involved an unreasonable application of, clearly established Federal law.' 28 U.S.C. § 2254 (d)(1). The Supreme Court has recently clarified that 'clearly established Federal Law' means the law that existed at the time of 'the last state-court adjudication on the merits.' Greene v. Fisher, – –– U.S. ––––, 132 S.Ct. 38 , 45, 181 L.Ed.2d 336 (2011).”
3 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.