Nichols v. McCormick’s Empirical Analysis

Citation profile

28 federal appellate · 1 district · 6 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “One factor is whether the state legislature has attempted to circumvent due process protections by redefining elements of an offense as sentencing factors.... Another factor is whether the legislature has relieved the prosecution of its burden of proving all of the elements of an offense, as defined by the state, beyond a reasonable doubt.”

   1 later decision quote this exact passage · from the majority
   e.g. Nichols v. McCormick

2. “narrow reading of McMillan” that would require factor that operated to increase a sentence beyond the maximum permitted by the underlying offense to be considered an element of the offense; upholding statute that required”

   1 later decision quote this exact passage · from the majority
   e.g. Vega v. People

3. “not less than 2 years or more than 10 years”); United States v. Rumney, 867 F.2d 714, 718-719 (1st Cir.), cert. denied, 491 U.S. 908 , 109 S.Ct. 3194 , 105 L.Ed.2d 702 (1989) (”

   1 later decision quote this exact passage · from the majority
   e.g. Vega v. People