State v. Johnson’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]t a minimum, there must be evidence of a common scheme or plan beyond the bare fact that sexual misconduct has occurred with children in the past. The events must be linked by common characteristics that go beyond merely showing a criminal propensity and instead must objectively tend to establish that the same person committed all the acts. See, e.g., State v. Cardell, 132 Idaho 217, 220 , 970 P.2d 10, 13 (1998) (admitting evidence that defendant, a masseuse, had previously assaulted his clients while massaging them to show that he did not accidentally grope the victim during a massage); State v. Tapia, 127 Idaho 249, 254-55 , 899 P.2d 959, 964-65 (1995) (admitting evidence the defendant had repeatedly expressed sexual interest in the juvenile victim to show a particular criminal intent to sexually assault her); State v. Martin, 118 Idaho 334, 338 , 796 P.2d 1007, 1011 (1990) (admitting evidence of defendant’s prior sexual assaults to show identity because in all the incidents the intruder wore a mask, held a young woman’s kitchen knife to her throat, committed a forcible sex offense, and then discarded the knife while fleeing without taking anything else).”

   3 later decisions quote this exact passage
   e.g. State v. Truman · State v. Gomez

2. “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a pei’son in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that the prosecution in a criminal case shall file and serve notice reasonably in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.”

   3 later decisions quote this exact passage
   e.g. State v. PEPCORN · State v. Williams

3. “The [trial] court identified the following characteristics that linked the current charged conduct to the prior bad acts to which [Johnson’s sister] testified: (1) both victims were about seven to eight years old; (2) both victims viewed Johnson as an “authority figure” because he was an older brother or father; (3) both courses of conduct involved Johnson requesting the victim to touch his penis. These similarities, however, are sadly far too unremarkable to demonstrate a “common scheme or plan” in Johnson’s behavior. The facts that the two victims in this case are juvenile females and that Johnson is a family member are precisely what make these incidents unfortunately quite ordinary. The prior acts are irrelevant and therefore inadmissible.”

   2 later decisions quote this exact passage
   e.g. State v. Truman · State v. Gomez