Bohlen v. Caspari’s Empirical Analysis

Citation profile

8 federal appellate · 5 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]e find that Bullington dictates that the implicit acquittal rationale of Burks must apply to the Missouri persistent offender sentencing scheme to bar a second enhancement hearing where there has been a finding of insufficient evidence of persistent offender status. Missouri considers persistent offender sentencing serious enough to set up a statutory enhancement procedure with protections similar to a trial on guilt or innocence. That procedure is sufficiently similar to trial procedures that it triggers double jeopardy protection. In a persistent offender hearing, the trial court has two alternatives: to find that the defendant is a persistent offender beyond a reasonable doubt or not. The outcome of this decision greatly affects the possible length of the defendant’s sentence. By placing the burden of proof beyond a reasonable doubt on the state, Missouri has indicated that the state should bear most of the risk of error. It is a hallmark of our system of jurisprudence that ‘the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense.’ [Citation omitted.]” 979 F.2d at 113 .”

   1 later decision quote this exact passage · from the dissent
   e.g. 24 Kan. App. 2d 868 - State v. Maggard

2. “[t]he persistent offender sentenc[e] enhancement procedure in Missouri has protections similar to those in the capital sentencing hearing in Bullington, " id., at 112, the court stated that "it is a short step to apply the same double jeopardy protection to a non-capital sentencing hearing as the Supreme Court applied to a capital sentenc[ing] ... hearing.”

   1 later decision quote this exact passage · from the dissent
   e.g. Caspari Superintendent Missouri Eastern Correctional Center et al Bohlen

3. “determine whether a state court considering [the defendant's] claim at the time his conviction became final would have felt compelled by existing precedent to conclude that the rule [he] seeks was required by the Constitution,”

   1 later decision quote this exact passage · from the majority
   e.g. Caspari Superintendent Missouri Eastern Correctional Center et al Bohlen