United States v. Johnson’s Empirical Analysis
2005
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 1512 · 18 U.S.C. § 1513 · 18 U.S.C. § 2 · 18 U.S.C. § 3592 · 18 U.S.C. § 3593 (§ 60002 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 371 · 18 U.S.C. § 373 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Apprendi v. New Jersey · United States v. Olano · Johnson v. Zerbst · Burks v. United States · Witherspoon v. Illinois
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court also ruled that Johnson’s trial would be “trifurcated” into three phases: (1) a “merits phase,” to determine guilt or innocence of the charged offenses; (2) an “eligibility phase,” to determine whether one “gateway aggravating factor” identified in § 848(n)(l) and one or more of the “statutory aggravating factors” in § 848(n)(2) through (12) were present; and (8) a “penalty phase,” to determine whether “non-statutory aggravating factors” and “mitigating factors” were present and “ ‘whether the aggravating factors found to exist sufficiently outweigh any mitigating factor or factors found to exist, or in the absence of mitigating factors, whether the aggravating factors are themselves sufficient to justify a sentence of death.’ ” See United States v. Johnson, 362 F.Supp.2d 1043, 1099-1111 (N.D.Iowa 2005) (quoting 21 U.S.C. § 848 (k)).”
1 later decision quote this exact passage · from the concurrence“abbreviation” to refer to both the ADAA scheme, enacted in 1988 (and applicable to her), and the FDPA scheme, enacted in 1994. . I will address in more detail the import of Purkey , on which the court in Rodriguez , in part, relied, in the analysis of Johnson’s next argument. . The prosecution’s first argument is actually that this motion is premature, but I will address that argument, below, in § II.C.2., beginning on page 26. . I believe that the Eighth Circuit Court of Appeals has taken a position on the issue, however, concluding that the FDPA”
1 later decision quote this exact passage · from the concurrence“(9) Angela Johnson was raised in a single-parent household by an emotionally unstable mother who subjected her children to unusual fasting practices, long periods of abandonment and physical detachment, and occasional physical abuse, resulting in Angela Johnson being far more susceptible to escape through illicit drug use, a series of unhealthy relationships with men, and chronic feelings of abandonment and poor self-esteem.”
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.