Moore v. State’s Empirical Analysis
1997
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently October 2017
16 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 Kelly v. Robinson · Bearden v. Georgia · Alabama Power Company v. Taylor · Birmingham Amusement Co. v. Norris · 435 So. 2d 705 - Phillips v. Smalley Maintenance Services, Inc.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In determining the manner, method or amount of restitution to be ordered the court may take into consideration the following: "(1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant; "(2) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; "(3) The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment; "(4) Any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts; "(5) The mental, physical and financial well being of the victim."”
3 later decisions quote this exact passage“"The Legislature hereby finds, declares and determines that it is essential to be fair and impartial in the administration of justice, that all perpetrators of criminal activity or conduct be required to fully compensate all victims of such conduct or activity for any pecuniary loss, damage or injury as a direct or indirect result thereof. The provisions of this article shall be construed so as to accomplish this purpose and to promote the same which shall be the public policy of this state."”
3 later decisions quote this exact passagee.g. Stutts v. State · Lamar v. State“"[T]he trial court ordered Moore to pay the restitution in monthly installment payments of $2000. The record before us contains ample evidence that this amount is far beyond Moore's financial means. Because the payment of this amount is a term of Moore's probation, an inability to pay that amount would negatively affect Moore's ability to meet the terms of his probation. "This court must have, on the record, the trial court's specific findings and the specific underlying facts and circumstances thereof that led the trial court to grant restitution as to each claimfacts deduced from legal evidence that support the trial court's finding that each amount awarded is for (1) damages recoverable under the Alabama Restitution to Victims of Crimes Act and (2) that were proximately caused by Moore's criminal activity. Similarly, we need an explanation on the record of why the trial court ordered monthly payments of $2000 when the record before this court shows that that amount would clearly exceed Moore's financial ability. We find that the record needs to be supplemented before we can determine whether the trial court abused its discretion in the amount and manner of restitution."”
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.