Johnson v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.”

   5 later decisions quote this exact passage · from the majority
   e.g. Victor Zavala, Jr. v. State · Contreras v. State

2. “[w]e hold Garrett did not create a general ‘merger doctrine’ in Texas. The doctrine exists- only to the extent it is consistent with section 19.02(b)(3). Thus, Garrett hereinafter stands only for the proposition that a conviction for felony murder under section 19.02(b)(3), will not lie when the underlying felony is manslaughter or a lesser included offense of manslaughter. This holding is consistent with the plain meaning of the felony murder provision.”

   2 later decisions quote this exact passage · from the majority
   e.g. Esquivel v. State · Fraser v. State

3. “is not a lesser included offense of manslaughter, nor is it statutorily included in manslaughter.”

   1 later decision quote this exact passage · from the majority
   e.g. Esquivel v. State