State v. Shaffer’s Empirical Analysis

Citation profile

40 state decisions

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

1. “only for the best interest of society, not as an award of clemency.”

   13 later decisions quote this exact passage · from the majority
   e.g. 171 So. 3d 272 - State v. Graham · State v. Thomas

2. “This Court is aware that in the past session, the legislature addressed, but did not resolve, the Graham issue. 2011 House Bill 115 provided that an inmate serving life sentences for a nonhomicide crime committed as a juvenile would become eligible for parole consideration after serving 35 years of his sentence, subject to a variety of special conditions. However, House Bill 115 failed final passage and the legislature has by concurrent resolution directed the Louisiana Law Institute to convene a task force to evaluate Louisiana law for compliance with Graham [ v. Florida , 560 U.S. 48 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010),] and to report back with its findings and recommendations by January 1, 2012. Thus, our decision in relators' cases is an interim measure (based on the legislature's own criteria) pending the legislature's response to Graham . Cf. State v. Williams , 01-1650, pp. 32-33 (La. 11/1/02), 831 So.2d 835 , 861 (adopting as an interim measure procedure for determining whether a capital defendant is mentally retarded and so exempt from capital punishment under Atkins v. Virginia , 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002), pending the legislature's own response to the Atkins decision, see La.C.Cr.P. art. 905.5.1, 2003 La. Acts 698 ).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Harvin · 239 So. 3d 920 - State v. Comeaux