State v. Moore’s Empirical Analysis

Citation profile

8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Defendant's interpretation of the statute is not logically persuasive when the statute is viewed in relation to other portions of Missouri’s law regarding homicides. Under defendant’s argument, any defendant indicted for capital murder but convicted of first degree murder, second degree murder, or ■ manslaughter would have a second trial, on the issue of punishment. The only possible punishment for a defendant convicted of first degree murder, however, is life imprisonment; obviously, a trial on the issue of punishment in such a case would be without point. See § 565.008.2, RSMo 1978.4 Also, under existing law, in all non-capital homicide trials, the issue of punishment is submitted to the jury at the same time as the issue of guilt, without subsequent introduction of evidence relating to mitigation or aggravation. See, e.g., MAI-CR 2d 15.14,15.18. As noted previously, however, only capital murder constitutionally requires such a bifurcated procedure.”

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