Johnson v. United States’s Empirical Analysis
334 F.2d 880 · 1964
Citation profile
12 federal appellate · 1 state decisions
How this case has been cited
Cited by 22 later decisions — most recently October 2003
12 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2314 · 18 U.S.C. § 4161 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Sanders v. United States · Hill v. United States · United State v. Morgan · Bell v. United States · Heflin v. United States
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purpose of Rule 35 was to permit the court, at any time, to correct a sentence that 'the judgment of conviction did not authorize.’ Application of the Rule presupposed a valid judgment and it was not contemplated by such a proceeding to go outside of the record to collaterally attack it.”). Therefore, evidence outside the record must be precluded in a former Rule 35 proceeding only insofar as that evidence is being used to challenge the judgment collaterally. For instance, in both Semet and Petro , the court concluded that former Rule 35 would not be an appropriate vehicle for movant — who had been convicted of both a robbery offense and an offense of putting the life of another in jeopardy with a dangerous weapon — to introduce evidence purporting to show that his weapon could not have threatened a life (an element of the offense as charged). By contrast, Moskovits’ prior motions did not represent a collateral attack on the sufficiency of the evidence required to convict him. Secondly, defendant’s motion per Mr. Kunstler sought to "vacate” the sentence, and Rule 35 expressly allows only "correction”
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.