State v. Henry’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “clearly and convincingly show that he is exceptional, which in this context means that because of unusual circumstances this defendant is a victim of the legislature's failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case.”

   3 later decisions quote this exact passage
   e.g. State v. Cunningham · 986 So. 2d 828 - State v. Robbins

2. “(3) If the third felony is such that upon a first conviction, the offender would be punishable by imprisonment for any term less than his natural life then: ..... (b) If the third felony and the two prior felonies are felonies defined as a crime of violence under R.S. 14:2(B)... the person shall be imprisoned for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence.”

   1 later decision quote this exact passage
   e.g. State v. Jackson