547 So. 2d 59 - Johnson v. State’s Empirical Analysis
1989
Citation profile
1 federal appellate · 21 state decisions
How this case has been cited
Cited by 26 later decisions (2 by the Supreme Court) — most recently January 2006 · most notably Clemons v. Mississippi (1990), Brown v. Sanders (2006)
1 federal appellate · 21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Zant v. Stephens · Maynard v. Cartwright · United Families of America v. Kendrick · Johnson v. Mississippi · United Families of America v. Kendrick
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an especially heinous, atrocious or cruel manner.”
3 later decisions quote this exact passage“Questions in Bullock equivalent to the ones now facing the Court were resolved by the Court without remanding the case to a lower court for consideration by a jury. In discussing Johnson v. Mississippi, supra , which remanded the case here for further consideration, the majority opinion in the case sub judice aptly notes the concurring opinion of Justice White as follows: ..... It is left to the Mississippi Supreme Court to decide whether a new sentencing hearing must be held or whether that court should itself decide the appropriate sentence without reference to the inadmissible evidence, thus undertaking to reweigh the two untainted aggravating circumstances against the mitigating circumstances. Cf. Cabana v. Bullock, 474 US 376 , 88 LEd2d 704 , 106 SCt 689 (1986) . 486 U.S. at [591], 108 S.Ct. at 1989, 100 L.Ed.2d at 588. (Emphasis added) I would follow the teachings of Cabana v. Bullock, 474 U.S. 376 , 106 S.Ct. 689 , 88 L.Ed.2d 704 (1986); Bullock v. State, 525 So.2d 764 (Miss. 1987); and Justice White's concurring opinion in Johnson v. Mississippi, 486 U.S. 578 , 108 S.Ct. 1981 , 100 L.Ed.2d 575 (1988). In my opinion, the Mississippi Supreme Court should proceed to reweigh the two untainted aggravating circumstances against the mitigating circumstances upon the record before us, and I would not remand to the lower court.”
1 later decision quote this exact passage · from the dissent“There are two courses open to this Court: (1) remand this cause to the circuit court of Pike County for another sentencing hearing, or (2) make the decision ourselves as to whether to reimpose the death penalty or reduce Johnson's sentence to life because of the invalidation of this aggravating circumstance which was considered by the original trial jury. As Cabana v. Bullock makes clear, there is no United States Constitutional requirement that "a jury consider the appropriateness of a capital sentence." 474 U.S. [376] at 386, 106 S.Ct. [689] at 696-97, 88 L.Ed.2d [704 at] 716.”
1 later decision quote this exact passage
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.