State v. Otey’s Empirical Analysis
1979
Citation profile
2 federal appellate · 2 district · 30 state decisions
How this case has been cited
Cited by 41 later decisions (2 by the Supreme Court) — most recently April 2020 · most notably State v. Palmer (1986), Otey v. Nebraska (1980)
2 federal appellate · 2 district · 30 state decisions
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
Relies on State v. Simants · State v. Williams · Banks v. United States · State v. Riley · State v. Shaw
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Aggravating Circumstances: (a) The offender was previously convicted of another murder or a crime involving the use or threat of violence to the person, or has a substantial history of serious assaultive or terrorizing criminal activity; (b) The murder was committed in an apparent effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime; (c) The murder was committed for hire, or for pecuniary gain, or the defendant hired another to commit the murder for the defendant; (d) The murder was especially heinous, atrocious, cruel, or manifested exceptional depravity by ordinary standards of morality and intelligence; (e) At the time the murder was committed, the offender also committed another murder; (f) The offender knowingly created a great risk of death to at least several persons; (g) The victim was a law enforcement officer or a public servant having custody of the offender or another; or (h) The crime was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of the laws. (2) Mitigating Circumstances: (a) The offender has no significant history of prior criminal activity; (b) The offender acted under unusual pressures or influences or under the domination of another person; (c) The crime was committed while the offender was under the influence of extreme mental or emotional disturbance; (d) The age of the defendant at the time of the crime; (e) The offender was an accomplice in the cr”
1 later decision quote this exact passagee.g. State v. Otey“The murder was committed during the early morning hours of June 11, 1977, in Omaha, Nebraska. The defendant entered the apartment of the victim and took a stereo set which he placed behind a garage nearby. This stereo was later identified and traced back to the defendant. The victim awakened when the defendant reentered the apartment. The defendant told the victim that he was going to rob her and that he would rape her. When she resisted he inflicted a knife wound across the top of her forehead. The defendant then sexually assaulted the victim. After the sexual assault the defendant and the victim went to the second floor of the apartment to get her money. There the defendant stabbed the victim a number of times inflicting deep wounds, struck her about the head with a hammer, and strangled her with a belt. The evidence shows that the victim died from the multiple wounds and strangulation inflicted upon her by the defendant. The defendant was apprehended in Florida in January 1978. On January 28, 1978, he was interviewed there by two Omaha police officers and after proper warnings gave a voluntary statement which was a full confession.”
1 later decision quote this exact passagee.g. State v. Otey
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.