State v. Moore’s Empirical Analysis

Citation profile

6 federal appellate · 14 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. “The gravamen of robbery is the application of physical force or intimidation against the victim at any time during the course of a transaction culminating in the taking of property from the victim's person or presence. [Citations.] There is no requirement that the application of force or intimidation must be virtually contemporaneous with the taking”

   1 later decision quote this exact passage
   e.g. 43 Cal. 4th 249 - People v. Gomez

2. “The mere fact that some asportation has occurred before the use of force does not mean that the perpetrator is thereafter not guilty of the offense of robbery. ... [When] ... the use of force enables the accused to retain possession of the property in the face of immediate resistance from the victim, then the taking is properly considered a robbery”

   1 later decision quote this exact passage
   e.g. 43 Cal. 4th 249 - People v. Gomez

3. “[T]he purpose of the force or intimidation element of the crime of robbery is to distinguish, by imposition of a more severe penalty, those takings which pose a greater risk to the victim. The danger to the victim, however, is identical whether the force or intimidation is employed against the victim immediately before or after the actual taking.”

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