State v. Johnson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By its words in the recidivist statute, the General Assembly has mandated that the solicitor “must” notify the defendant and the defendant’s counsel in writing if the solicitor intends to seek a life sentence without the possibility of parole. For this Court to dismiss the clear and unambiguous language of the statute and merely require the defendant’s counsel to have actual notice of the solicitor’s intent to seek life without parole would have the effect of amending the statute. In our view, actual notice under section 17-25-45(H) is insufficient unless and until the General Assembly decides otherwise and amends the statute itself. 3”

   2 later decisions quote this exact passage
   e.g. James v. State · Gorge v. State

2. ““It is well established that in interpreting a statute, the court’s primary function is to ascertain the intention of the legislature. When the terms of the statute are clear and unambiguous, the court must apply them according to their literal meaning. Furthermore, in construing a statute, words must be given their plain an ordinary meaning without resort to subtle or forced construction to limit or expand the statute’s operation. Finally, when a statute is penal in nature, it must be construed strictly against the State and in favor of the defendant.””

   2 later decisions quote this exact passage
   e.g. Gorge v. State · State v. Leopard

3. “there were no cover letters or other documents in either the solicitor’s file or the public defender’s file to suggest the State gave defense counsel written notice that it would request a life sentence without parole in the event of a guilty verdict.”

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