In re Morgan’s Empirical Analysis
713 F.3d 1365 · 2013
Citation profile
13 federal appellate · 12 state decisions
Relationships
Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Teague v. Lane · Lockett v. Ohio · Woodson v. North Carolina · Atkins v. Virginia · Penry v. Lynaugh
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Morgan argues that we should conclude that Miller has been made retroactively applicable to decisions on collat.eral review because Miller created a new rule of constitutional law that prohibits a certain category of punishment for a class of defendants because of their status or offense, but we disagree. We have held that a prisoner may receive permission to file a second or successive motion to vacate, set aside, or correct a ’ sentence when a decision of the Supreme Court creates a new. rule of constitutional law that ‘prohibits] a certain category of punishment, for a class of defendants,’ [In re] Moss, 703 F.3d [1301] at 1303 [ (11th Cir.2013) ] (quoting Penry v. Lynaugh, 492 U.S. 302, 330 , 109 S.Ct. 2934, 2953 , 106 L.Ed.2d 256 (1989) abrogated on other grounds by Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002)), because multiple decisions of the Supreme Court ‘necessarily dictate retroactivity of the new rule,’ Moss, 703 F.3d at 1303 (quoting Tyler [v. Cain], 533 U.S. [656] at 666, 121 S.Ct. [2478] at 2484 [ (2001) ]), but Miller did not prohibit the imposition of a sentence of life imprisonment without the possibility of parole on minors. Instead, Miller held ‘that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.’ 132 S.Ct. at 2469 . Miller changed the procedure by which a sentencer may impose a sentence of life without parole on a minor by ‘requiring] [the ”
1 later decision 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.