Johnson v. State’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Trial counsel’s deficiency in failing to discover a key piece of evidence strikes at the heart of the effective assistance of counsel. Seeking and obtaining inculpa-tory — or exculpatory — statements in the defendant’s own voice is an essential part of case investigation, preparation for trial, and trial strategy. A request by the defense for the defendant’s own “statements” is a fundamental aspect of discovery.... This discovery also permits defense counsel to make informed judgments regarding the strength of the prosecution’s case. The decision to call witnesses — and particularly whether to call the defendant herself — must be informed by all the evidence to be presented, especially by such compelling evidence as a recorded statement. In such light, a lengthy recorded statement of the appellant’s own voice appears fundamental to trial preparation and strategy.”

   1 later decision quote this exact passage
   e.g. Holmes v. State

2. “We will not reverse a conviction unless the consequence of the failure to investigate is that the only viable defense available to the accused is not advanced . . . [and] there is a reasonable probability that, but for counsel's [failure to advance the defense], the result of the proceeding would have been different.”

   1 later decision quote this exact passage
   e.g. Martin v. State