Johnson v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Sec. 3(a) A defendant who has been found guilty of a misdemeanor wherein the maximum permissible punishment is by confinement in jail or by a fine in excess of $200.00 or by both such fine and imprisonment may be granted probation if: “(1) he applies by written motion under oath to the court for probation before trial; “(2) he has not been granted probation nor been under probation under this Act or any other Act in the preceding 5 years; provided that the court may grant probation regardless of the prior probation of the defendant, except for a like offense within the last 5 years; “(3) he has paid all costs of his trial and so much of any fine imposed as the court directs; and “(4) the court believes that the ends of justice and the best interests of society and of the defendant will be served by granting him probation. “(b) If a defendant satisfies all the requirements of Section 3(a)(1), (2), (3) and (4) of this Article, and the jury hearing his case recommends probation in its verdict, the court must grant the defendant probation. . [[Image here]] “Sec. 5(a) The period and terms of probation shall be determined by the court granting it. Except as provided in Subsection (d) of this section, a probationer is under the supervision of the court granting him probation. “(b) The period and terms of probation shall be designed to prevent recidivism and promote rehabilitation of the probationer. The terms must include, but are not limited to, the requirement that a probationer:”

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

2. ““To this charge the Defendant has pleaded guilty, and she has persisted in entering such plea, notwithstanding the Court, as required by law, has admonished her of the consequences of same; and it plainly appearing to the Court that the Defendant is sane, and that she is not influenced to make said plea by any consideration of fear, nor by any persuasive or delusive hope of pardon, prompting her to confess her guilt, said plea is by the Court received, and you are instructed to find the Defendant guilty as charged in the Information and assess her punishment at a fine not to exceed three thousand dollars, or confinement in jail for a period of not less than thirty days nor more than two years, or both such fine and imprisonment. “In this case the Defendant has filed her application in writing for the probation of such sentence as may be assessed by you against her, stating under oath that she has never before been convicted in this or another jurisdiction of a felony or. of a misdemeanor for which the maximum permissible punishment is by confinement in jail or exceeds a $200 fine, and that she has not been under probation in the preceding five years, then, if you so desire, in your discretion as a jury, you may recommend that the Court probate such sentence as you may assess on the form as provided herein for such verdict as indicated. “If you find that the Defendant has heretofore been convicted in this or another jurisdiction of a felony or of a misdemeanor for which the ma”

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

3. ““Sec. 3. (a) A defendant who has been found guilty of a misdemeanor wherein the maximum permissible punishment is by confinement in jail or by a fine in excess of $200 may be granted probation if: (1) he applies in writing to the court for probation before trial; (2) he has never before been convicted in this or another jurisdiction of a felony or of a misdemeanor for which the maximum permissible punishment is by confinement in jail or exceeds a $200 fine; (3) he has not been granted probation nor been under probation under this Act or any other Act in the preceding five years; (4) he has paid all costs of his trial and so much of any fine imposed as the court directs; and (5) the court believes that the ends of justice and the best interests of society and of the defendant will be served by granting him probation. (b) If a defendant satisfies the requirements of Section 3(a), (1), (2), (3), and (4) of this Article, and the jury hearing his case recommends probation in its verdict, the court must grant the defendant probation. The court may, however, extend the term of the probationary period to any length of time not exceeding the maximum time of confinement allowed by law. In the event probation is revoked in accordance with Section 6, the judgment of the court shall not prescribe any penalty in excess of that imposed by the jury.””

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