Lovins v. Parker’s Empirical Analysis
712 F.3d 283 · 2013
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Brady v. State of Maryland · United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Williams v. Taylor
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e are constrained to conclude that the judicial factfinding in Lovins’s sen-tenqing was unconstitutional and that the remedy Lovins requests is due. We need not instruct the State how to provide this, remedy, only that the remedy must either result in a reduction of Lo-vins’s sentence from twenty-three to twenty years, or in resentencing under a procedure' that does not violate the Sixth Amendment. We afford the State 180 days from the date of this order to ■ initiate the necessary proceedings.”
1 later decision quote this exact passage · from the concurrence“(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
1 later decision quote this exact passage · from the majority“the last reasoned state-court judgment declines to reach the merits because of a petitioner's failure to comply with a state procedural rule”
1 later decision quote this exact passage · from the majoritye.g. Clark v. Nagy
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.