Johns v. State’s Empirical Analysis

Citation profile

6 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No one questions the propriety of rules, either statutory or court made, for the determination of appeals. But his court in recent years has in many instances properly refused to permit rules to become the instrument of oppression. Where an accused has been deprived of his constitutional rights, negligence of counsel cannot be permitted to prejudice such rights of an accused where his life or liberty are involved. This court has the power and it should be its duty to waive any given rule where, (1) an accused has been deprived of his constitutional rights, either under our Bill of Rights or under the Fourteenth Amendment, or, (2) where upon an examination of the entire record it appears that substantial justice has not been administered. “The fact that appellant’s present counsel was mistaken as to the time in which appeal should be perfected should not prevent a review when the record is here, and the only defect is one raised by the court on its own motion in that the transcript and assignment of errors was not filed within thirty days after the judgment, as required by Rule 2-40. The constitutional right to adequate and competent representation by counsel means nothing if we permit the obvious mistakes of counsel to prevent a review by this court on the merits.” (Emphasis added.)”

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

2. ““The attorney’s testimony taken as a whole concerning the fifteen or thirty minutes conference had with the appellant leaves the inescapable conclusion that he did not afford the appellant the representation required by the decisions of this court under § 13 of Article I of our Bill of Rights. A mere perfunctory representation by counsel is insufficient. (Omitting citations) Nor did it comply with the rules laid down by the United States Supreme Court on the right to competent and adequate counsel under the ‘due process’ clause of the Fourteenth Amendment. Powell v. Alabama (1932), 287 U.S. 45 , 77 L.Ed. 158 , 53 S.Ct. 55 , 84 A.L.R. 527 .” (Emphasis added.)”

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

3. ““The lawyer owes ‘entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and .ability,’ to the end that nothing be taken or be withheld from him, save by the rules of law, legally applied. No fear of judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. In the judicial forum the client is entitled to the benefit of cmy and every remedy and defense that is authorized by the law of the land, and he may expect his lawyer to assert every such remedy or defense. . . . .” (Italics added.)”

   1 later decision quote this exact passage
   e.g. Lunce, Reynolds v. State