State v. Duren’s Empirical Analysis
1977
Citation profile
4 federal appellate · 26 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 1994 · most notably State v. Holt (1980), State v. Knapp (1992)
4 federal appellate · 26 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 · Woodson v. North Carolina · Jurek v. Texas · Proffitt v. Florida
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““559.005. Capital murder defined.— A person is guilty of capital murder if he unlawfully, willfully, knowingly, deliberately, and with premeditation kills or causes the killing of a human being. 559.007. First degree murder defined. — The unlawful killing of a human being when committed without a premeditated intent to cause the death of a particular individual but when committed in the perpetration of or in the attempt to perpetrate arson, rape, robbery, burglary, or kidnapping is murder in the first degree. 559.009. Degree of homicide, jury to determine — punishments for various degrees. [[Image here]] 3. Persons convicted of capital murder shall be punished by death. Persons convicted of murder in the first degree shall be punished by imprisonment by the division of corrections during their natural lives.... 559.011. Alternative punishment if death penalty declared unconstitutional. — If the category of capital murder or the penalty prescribed herein is declared to be unconstitutional by the Missouri supreme court or the United States Supreme Court, all killings which would be capital murder under any of the circumstances specified in section 559.005 shall be deemed to be murder in the first degree and the offender shall be punished accordingly, except that he shall not be eligible for probation or parole until he has served a minimum of fifty years of his sentence.””
2 later decisions quote this exact passage“[T]he legislature enacted Section 559.011 [RSMo Supp.1975] as a safeguard in the event that “the category of capital murder or the [death penalty was] declared to be unconstitutional ...” In such an event “all killings which would be capital murder under ... 559.005 [RSMo Supp.1975] [would] be deemed to be murder in the first degree and the offender [would] be punished” by a sentence of life imprisonment as set out in Section 559.010 R.S.Mo. 1975, “except that he [would] not be eligible for probation or parole until he has served a minimum of fifty years of [the] sentence.” Section 559.011.”
2 later decisions quote this exact passagee.g. State v. Thomas · State v. Carrasco““Every murder which shall be committed by ... any ... kind of willful, deliberate and premeditated killing, and every homicide which shall be committed in the perpetration or attempt to perpetrate any ... robbery ... shall be deemed murder in the first degree.””
2 later decisions 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.