State v. Moore’s Empirical Analysis
1999
Citation profile
4 district · 40 state decisions
How this case has been cited
Cited by 47 later decisions (2 by the Supreme Court) — most recently August 2010 · most notably State v. Bjorklund (2000), Knight v. Florida (1999)
4 district · 40 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 Gregg v. Georgia · Furman v. Georgia · Henderson v. Brown · Liegl v. Webb · Sutton v. United States
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The defendant] has not claimed that the State has set up a scheme to prolong the period of his incarceration or purposely resentenced [the defendant] in order to torment him. The delay in carrying out the sentence of death has been caused by the fact that [the defendant] has availed himself of procedures our law provides to ensure that executions are carried out only in appropriate cireum-stances. That this differs from the practice at common law, where executions could .be carried out on the dawn following the pronouncement of the sentence, is a consequence of our evolving standards of decency, which prompt us to provide death row inmates with ample opportunities to contest their convictions and sentences.”
2 later decisions quote this exact passage · from the dissente.g. Moore v. State · Bieghler v. State“In a 4-day span during August 1979, Moore robbed and murdered two Omaha taxi drivers. Moore was convicted of two counts of first degree murder, based on a felony murder theory, and was sentenced to death by a three-judge panel in 1980. We affirmed the convictions and sentence in State v. Moore, 210 Neb. 457 , 316 N.W.2d 33 (1982), cert. denied 456 U.S. 984 , 102 S. Ct. 2260 , 72 L. Ed. 2d 864 (Moore I). The facts of the underlying crimes are more fully set out in that opinion. Moore filed his first state postconviction action in 1982, alleging, inter alia, that his trial counsel was ineffective and that Nebraska’s death penalty procedures were unconstitutional. On appeal, we rejected these arguments. State v. Moore, 217 Neb. 609 , 350 N.W.2d 14 (1984) (Moore II). Moore then filed a federal habeas corpus action and was granted a writ of habeas corpus based upon his constitutional challenge to Nebraska’s death penalty procedures. The U.S. Court of Appeals for the Eighth Circuit affirmed the order of resentencing, and this order was reaffirmed by the Eighth Circuit on denial of rehearing. Moore v. Clarke, 904 F.2d 1226 (8th Cir. 1990), rehearing denied 951 F.2d 895 (8th Cir. 1991), cert. denied 504 U.S. 930 , 112 S. Ct. 1995 , 118 L. Ed. 2d 591 (1992). On remand, this court determined that it would decline to itself resentence Moore, but would instead remand the cause to the state district court for resentencing. State v. Moore, 243 Neb. 679 , 502 N.W.2d 227 (1993) (Moore III). ”
1 later decision quote this exact passagee.g. State v. Moore“The philosophy of erring on the side of caution would lose much of its vitality in a regime where the state risks being pushed permanently out of bounds if the execution is too long deferred by the process of adjudication.”
1 later decision quote this exact passage · from the dissente.g. Moore v. State
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.