Public-domain · open source
OpenJurist
← 158 F.3d 1060 - Johnson v. Kindt

Johnson v. Kindt’s Empirical Analysis

158 F.3d 1060 · 1998

Citation profile

8
cited by 8 later decisions
2
states following
May 2002
most recently cited

3 federal appellate · 2 state decisions

Relationships

Relies on Bouie v. City of Columbia · Crawford Fitting Company v. Jt Gibbons Inc Champion International Corporation · Rivers v. Roadway Express, Inc. · Johnson v. Fankell · Devine v. New Mexico Department of Corrections

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

  1. “A judicial construction of a statute is unforeseeable if it is "unexpected and indefensible by reference to the law which had been expressed prior to the conduct at issue." Bouie, 378 U.S. at 354 [, 84 S.Ct. 1697 ]. Unforeseeable judicial decisions include expansion of a statute narrow and precise on its face beyond those terms, the overruling of precedent, Devine, 866 F.2d at 345; or when "an in-depth inquiry by a dedicated and educated student of the relevant law would have revealed nothing to foreshadow the controlling court opinion." Id.”
    2 later decisions quote this exact passage · from the majority
  2. “The test for determining whether the retroactive application of a judicial decision violates due process is essentially one of foreseeability.”
    2 later decisions quote this exact passage · from the majority
  3. “`after-the-fact increases in the degree of punishment' as well as `the ex post facto construction of substantive criminal statutes.'”
    1 later decision quote this exact passage · from the majority

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.