Johnson v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “constitute[d] Cruel and Unusual Punishment in violation of the Eighth and Fourteenth Amendments, and is an illegal sentence in excess of the maximum possible penalty under Missouri law, in that the sentence results in 'torture or a lingering death.' " The motion court held an evidentiary hearing, wherein it received testimony from both Duncan and Counsel. Following the hearing, the motion court entered findings of fact and conclusions of law, overruling Duncan's Rule 24.035 motion. Duncan appeals. Standard of Review "This Court's review of the denial of a post-conviction motion under Rule 24.035 is limited to a determination of whether the motion court's findings of fact and conclusions of law are clearly erroneous.”

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

2. “The motion court's findings and conclusions are clearly erroneous only if, after review of the record, the appellate court is left with the definite and firm impression that a mistake has been made.”

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

3. “[A]t the evidentiary hearing, '[t]he motion court is free to believe or disbelieve any portion of the testimony and we defer to the motion court's credibility determinations.'”

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