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← 280 Ga. App. 341 - Johnson v. State

280 Ga. App. 341 - Johnson v. State’s Empirical Analysis

2006

Citation profile

16
cited by 16 later decisions
1
states following
February 2017
most recently cited

16 state decisions

Relationships

Relies on Strickland v. Washington · Jackson v. Virginia · 195 Ga. App. 463 - Grant v. State · Clark v. State · Hayes v. State

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

  1. “OCGA§ 16-6-1 (b) would seem to authorize the punishment of life without parole because it states: (a) person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by [a split sentence that is a term of] imprisonment for not less than [25 years and not exceeding life imprisonment, followed by probation for life]. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 (Punishment for serious violent offenders) and 17-10-7 (Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense). Nevertheless, in the Code section authorizing sentences to imprisonment for life without parole, OCGA § 17-10-16 (a), the General Assembly provided that “(Notwithstanding any other provision of law, a person who is convicted of an offense committed after May 1, 1993, for which the death penalty may be imposed under the laws of this state may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter.” Id. Article 2 of Chapter 10 of Title 17 of our Code is entitled “Death Penalty Generally” and OCGA § 17-10-30.1, governing imposition of sentences of imprisonment for life without parole, is found in that Article. Therefore, a sentence of life without parole is tied to the imposition of the death penalty, and, consequ”
    1 later decision quote this exact passage
  2. “[s]ubstantial latitude is given during judicial review of trial counsel's decisions regarding trial strategy.”
    1 later decision quote this exact passage

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.