442 So. 2d 193 - Johnson v. State’s Empirical Analysis

Citation profile

1 federal appellate · 25 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The scope of our review necessitates access to a transcript which reflects more than the general gist of the proceedings, one which is more than `substantially accurate.' The record contains omissions; the entire voir dire and numerous changes and additions were inserted some year and a half after the proceedings, when memories admittedly were dim. Reversible error can turn on a phrase. Did it occur here? We cannot be certain. Moreover, appellate counsel did not participate in the trial and is in the same predicament as we are regarding the transcript. In Hardy v. United States, 375 U.S. 277 , 84 S.Ct. 424 , 11 L.Ed.2d 331 (1964), involving a federal criminal prosecution, the Court stated when ... new counsel represents the indigent on appeal, how can he faithfully discharge the obligation which the court has placed on him unless he can read the entire transcript? His duty may possibly not be discharged if he is allowed less than that. For Rule 52(b) of the Federal Rules of Criminal Procedure provides: "Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court." The right to notice "plain errors or defects" is illusory if no transcript is available at least to one whose lawyer on appeal enters the case after the trail is ended. Id. at 279-80 , 84 S.Ct. at 426 (footnote omitted). In his concurrence, Mr. Justice Goldberg stated appointed counsel must be provided with the tools of an advocate. As any effectiv”

   1 later decision quote this exact passage · from the dissent
   e.g. 695 So. 2d 263 - Johnson v. Singletary

2. “On December 4, 1979, Terrell Johnson went to Lola’s Tavern in Orange County to redeem a pistol he had pawned to James Dodson, the bartender/owner of the tavern. Although Dodson had given Johnson fifty dollars when the gun was pawned, he demanded one hundred dollars to return it. Before paying for the gun, Johnson asked to be allowed to test fire it and took the gun to an open field across the road from the bar where he fired several shots. While returning to the bar, Johnson, irate at what he considered to be Dodson’s unreasonable demand, decided to rob the tavern. Johnson told police that he took Dodson and a customer, Charles Himes, into the men’s room at the end of the bar, intending to tie them up with electrical cord. The customer lunged at Johnson and he began firing wildly, shooting both men. He then returned to the bar and cleaned out the cash drawer, also taking Dodson’s gun, which was kept under the bar. As he was wiping the bar surfaces to remove fingerprints, Johnson heard movement from the back room and returned to find the customer still alive. Johnson shot him again, not, according to Johnson, “to see him dead,” but to “stop his suffering.””

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Secretary, DOC

3. “[T]he homicide was committed in a cold, calculated and premeditated manner[;] that the homicide was committed to avoid lawful arrest[;] the homicide was committed during a robbery and for pecuniary gain[;] ... [t]he defendant was under sentence for another crime at the time the murder was committed; Johnson was on parole at the time[;] [and] [t]he defendant had previously been convicted of felonies involving the use or threat of violence.”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Secretary, DOC