531 F. Supp. 2d 845 - Moore v. Mitchell’s Empirical Analysis
2008
Citation profile
4
cited by 4 later decisions
February 2013
most recently cited
1 federal appellate ·
Relationships
Relies on Strickland v. Washington · Batson v. Kentucky · Williams v. Taylor · Coleman v. Thompson · Wainwright v. Sykes
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We, the jury, unanimously find by proof beyond a reasonable doubt that the aggravating circumstance the defendant was found guilty of committing in Count 1 outweighs the mitigating factors, and, therefore, we do further hereby recommend to the Court that the sentence of death be imposed on the defendant.... We, the jury, unanimously find that the aggravating circumstance the defendant was found guilty of committing in Count 1 does not outweigh the mitigating factors and recommend that the defendant be sentenced to life imprisonment with parole eligibility after serving thirty full years of imprisonment.... We, the jury, unanimously find that the aggravating circumstance the defendant was found guilty of committing in Count 1 does not outweigh the mitigating factors, and recommend that the defendant be sentenced to life imprisonment with parole eligibility after serving twenty full years of imprisonment....”
1 later decision quote this exact passage · from the concurrencee.g. Moore v. Mitchell“He drives him down, the car stops for a while, [Larry] Kinley gets in, Holmes gets out, and then there is a conversation. While he’s in the trunk, he, Lee Moore, is saying he’s got a guy in the trunk he’s going to kill. Can you imagine the abject terror Melvin Olinger has at this point? [Defense objection overruled] They drove to the factory. Again, he’s ordered out at gunpoint. Is the trunk open or shut? It doesn’t matter. Does it really matter? He gets him out of the car. Was he begging for his life? You bet he was. [Defense objection overruled]”
1 later decision quote this exact passage · from the concurrencee.g. Moore v. Mitchell“After all that time in the trunk, I’m sure he’s freezing, he’s cramped, he’s been bounced around. Just for one moment maybe there was a little bit of hope for Mr. Olinger. But I’m sure when he got out and saw the .357 was still in the hands of Lee Moore, and he saw where he was, he knew — [Defense objection overruled].”
1 later decision quote this exact passage · from the concurrencee.g. Moore v. Mitchell
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.