432 So. 2d 815 - State v. Johnson’s Empirical Analysis

Citation profile

162 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 163 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “shall inform him of the allegation contained in the information and of his right to be tried as to the truth thereof according to law and shall require the offender to say whether the allegations are true.”

   38 later decisions quote this exact passage
   e.g. State v. Gautreaux · State v. Dixon

2. “This section of the statute clearly recognizes that the defendant, if he chooses, has the right to remain silent. Once the defendant chooses to remain silent the state must then by competent evidence prove the elements of R.S. 15:529.1 before the defendant can be sentenced as an habitual offender. Before the defendant chooses to acknowledge or confess in open court that he has been previously convicted of a felony, the statute requires that he first be cautioned by the trial court as to his rights. R.S. 15:529.1(D) specifically provides that defendant be advised by the court of his right to a "formal hearing" and to have the state prove its case. State v. Martin, 427 So.2d 1182 (La.1983). Further, this section implicitly provides that the defendant should be advised, by the court, of his statutory right to remain silent.”

   20 later decisions quote this exact passage
   e.g. State v. Munson · State v. Harris

3. “Defendant is not protected by principles of double jeopardy from being tried again on the question of the prior felony conviction.”

   4 later decisions quote this exact passage
   e.g. 524 So. 2d 147 - State v. Desmond · 733 So. 2d 618 - Richey v. Richey