39 Cal. App. 4th 607 - People v. Mora’s Empirical Analysis
1995
Citation profile
4 federal appellate · 18 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2019
4 federal appellate · 18 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 Tison v. Arizona · 34 Cal. 3d 441 - People v. Dillon · 29 Cal. 3d 591 - People v. Leyba · 7 Cal. 4th 1075 - People v. Fudge · 6 Cal. 4th 494 - People v. Webb
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If you find the defendant in this case guilty of murder of the first degree, you must then determine if the following special circumstance is true or not true: that the murder was committed while the defendant was engaged in or was an accomplice in the commission of, attempted commission of, or the immediate flight after committing or attempting to commit robbery. The People have the burden of proving the truth of a special circumstance. If you have a reasonable doubt as to whether a special circumstance is true, you must find it to be not true. If you are satisfied beyond a reasonable doubt that the defendant actually killed a human being, you need not find that the defendant intended to kill in order to find the special circumstances to be true. If you find that a defendant was not the actual killer of a human being, or if you are unable to decide whether the defendant was the actual killer or an aider and abettor, you cannot find the special circumstance to be true unless you are satisfied beyond a reasonable doubt that the defendant with the intent to kill aided, abetted, counseled, commanded, induced, solicited, requested, or assisted any actor in the commission of the murder in the first degree, or with reckless indifference to human life and as a major participant, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted in the commission of the crime of robbeiy (Penal Code, s. 190, 2(1)(17) crime) which resulted in the death of a human being, n”
1 later decision quote this exact passagee.g. Pulido v. Chrones“If the punishment mandated by law ... is so grossly disproportionate to a particular defendant's individual culpability to constitute cruel or unusual punishment ..., a court has authority to prevent the imposition of unconstitutional punishment.”
1 later decision quote this exact passage“is a solemn power to be exercised sparingly only when, as a matter of law, the Constitution forbids what the sentencing law compels.”
1 later decision quote this exact passage
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.