United States v. Moore’s Empirical Analysis
104 F.3d 377 · 1997
Citation profile
50 federal appellate · 7 district · 25 state decisions
How this case has been cited
Cited by 96 later decisions (2 by the Supreme Court) — most recently August 2024 · most notably State v. Chandler (2018), United States v. Moore (2011)
50 federal appellate · 7 district · 25 state decisions — followed in 14 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Miranda v. State of Arizona Vignera · Penson v. Ohio · Brecht v. Abrahamson · Griffin v. California
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However, the Supreme Court has elsewhere made clear that `the prosecution may not . . . use at trial the fact that [the defendant] stood mute or claimed his privilege in the face of accusation' when he was `under police custodial interrogation.'”
3 later decisions quote this exact passage · from the majority“'an impermissible penalty on the exercise of the ... right to remain silent' "); United States v. Moore , 104 F.3d 377 , 385, 389 (D.C. Cir. 1997) ("[N]either Miranda nor any other case suggests that a defendant's protected right to remain silent attaches only upon the commencement of questioning as opposed to custody”
2 later decisions quote this exact passage · from the majority“To give full effect to this protection, the Supreme Court has held that `the fifth amendment . . . forbids. . . comment by the prosecution on the accused's silence . . . .'”
2 later decisions quote this exact passage · from the majority
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.