Legal Opinion

Carey D. Moore v. Michael L. Kinney, Warden of the Nebraska Penal and Correctional Complex

Court of Appeals for the Eighth Circuit

Decided March 29, 2002No. 00-4079PublishedCited by 6 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

Carey Dean Moore was sentenced to death under the “exceptional depravity” component of Nebraska Revised Statutes § 29-2523(l)(d). Since that date, he has litigated the constitutionality of the definition of the aggravator, asserting that it is unconstitutionally vague in violation of the Eighth and Fourteenth Amendments. The district court determined that the state district court’s newly-crafted definition of exceptional depravity, which was *776applied against Moore in resentencing, rendered the aggravator constitutional, and denied Moore habeas relief. Moore appeals, and…

2Cases cited23 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Proffitt v. FloridaSupreme Court of the United States · 1976
  4. Walton v. ArizonaSupreme Court of the United States · 1990
  5. Maynard v. CartwrightSupreme Court of the United States · 1988

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3Cited by6 opinions

  1. Ryan v. ClarkeDistrict Court, D. Nebraska · 2003
  2. United States v. WalkerNavy-Marine Corps Court of Criminal Appeals · 2008
  3. Carey D. Moore v. Michael L. Kinney, Warden of the Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 2002
  4. Carey D. Moore v. Michael L. Kinney, Warden of the Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 2003
  5. Carey D. Moore v. Michael L. Kinney, Warden of the Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 2003

1 more not listed; retrieve them via the Exa API.

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