McKinley v. Butler’s Empirical Analysis

Citation profile

4 federal appellate · 21 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is such a long term of years (especially given the unavailability of early release) as to be-unless there is a radical increase, at present unforeseeable, in longevity within the next 100 years-a de facto life sentence, and so the logic of Miller applies.... [T]he "children are different" passage ... from Miller v. Alabama cannot logically be limited to de jure life sentences, as distinct from sentences denominated in numbers of years yet highly likely to result in imprisonment for life.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Grant

2. “cannot in logic depend on whether the legislature has made the life sentence discretionary or mandatory; even discretionary life sentences must be guided by consideration of age-relevant factors.”

   1 later decision quote this exact passage · from the majority
   e.g. 2016 IL App (1st) 121604 - People v. Nieto

3. “[Miller's] concern that courts should consider in sentencing that 'children are different' extends to discretionary life sentences and de facto life sentences”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Gulley