Johnson v. Commonwealth’s Empirical Analysis

Citation profile

1 federal appellate · 59 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) when there is an overwhelming probability that the jury will be unable to follow the court's admonition and there is a strong likelihood that the effect of the inadmissible evidence would be devastating to the defendant, ... or (2) when the question was asked without a factual basis and was "inflammatory" or "highly prejudicial."”

   9 later decisions quote this exact passage · from the majority
   e.g. Jefferson v. Eggemeyer · Graham v. Commonwealth

2. “[a] jury is presumed to follow an admonition to disregard evidence and the admonition thus cures any error.”

   2 later decisions quote this exact passage · from the majority
   e.g. Graham v. Commonwealth · Cox v. Commonwealth

3. “No party may assign as error the giving or the failure to give an instruction unless the party’s position has been fairly and adequately presented to the trial judge by an offered instruction or by motion, or unless the party makes objection before the court instructs the jury, stating specifically the matter to which the party objects and the ground or grounds of the objection.”

   1 later decision quote this exact passage · from the majority
   e.g. Owens v. Commonwealth