Johnson v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he court reporter’s repeated failure to file the record does not, by itself, provide a sufficient basis for concluding that the court reporter’s notes and records have been “lost or destroyed,” so as to justify granting a new trial. An appellate court can and should exercise its contempt power to compel an errant court reporter to prepare and file the record. The Rules of Appellate Procedure also give appellate courts the power to take other actions designed to ensure the preparation and filing of the record, including the appointment of a substitute court reporter to prepare and file the record from the original court reporter’s notes. A court reporter’s notes and records, or portions thereof, can be considered “lost” only if the miss ing portions of the appellate record are irretrievable.”

   1 later decision quote this exact passage · from the majority
   e.g. Cooks v. State

2. “An appellate court can and should exercise its contempt power to compel an errant court reporter to prepare and file the record. The Rules of Appellate Procedure also give appellate courts the power to take other actions designed to ensure the preparation and filing of the record, including the appointment of a substitute court reporter to prepare and file the record from the original court reporter’s notes.”

   1 later decision quote this exact passage · from the majority
   e.g. REAMY v. State