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← 956 NE2D 697 - Villalon v. State

Villalon v. State’s Empirical Analysis

2011

Citation profile

2
cited by 2 later decisions
2
states following
January 2013
most recently cited

2 state decisions

Relationships

Relies on Strickland v. Washington · Apprendi v. New Jersey · McKeiver v. Pennsylvania · Cunningham v. California · Oregon v. Ice

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

  1. “[a]s a practical matter, a child who is alleged to have committed a delinquent act and is not retained in the juvenile justice system but is waived into adult court will (if found guilty) face harsher consequences for his or her conduct. Nonetheless, Ice makes clear that not all judicial fact-finding ultimately resulting in an increased term of incarceration invades the province of the jury. . . . Villalon provides no argument as to how our juvenile waiver statute might be understood to encroach upon the jury’s traditional domain.”
    1 later decision quote this exact passage
  2. “[T]he waiver statute does not set forth the elements of an offense, does not provide for a determination of guilt or inno cence, and is not directed to consequences after adjudication of guilt. It does not provide a sentencing enhancement correlated with the State’s proof of a particular fact. Accordingly, we conclude that the statute does not implicate the core concerns of Apprendi.”
    1 later decision quote this exact passage

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.