State v. Moore’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Utah practice of death qualification excludes not only those jurors who would never vote to impose the death penalty, but also those jurors who would always vote to impose the death penalty upon a finding of first degree murder. This practice comports with Utah law, which permits exclusion of all jurors who cannot follow their oath and apply the law as instructed by the court. The death qualifi cation process is therefore consonant with Utah law.... Death qualification of the jury venire advances a significant state interest in seating jurors willing to abide by the law and follow their oath as jurors.”

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

2. “First, it must be the accused, not the law enforcement officers, who initiates the conversations in which the incriminating statements are made. Second, the prosecution must show ... a knowing and intelligent waiver of the right to counsel. Third, the accused's statements must be shown by a preponderance of the evidence to have been voluntarily made.”

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

3. “presupposes that a jury selected from a fair cross-section of the community is impartial, regardless of the mix of individual viewpoints actually represented on the jury so long as the jurors can conscientiously and properly carry out the sworn duty to apply the law to the facts of the particular case.”

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