Johnson v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before jeopardy attaches, each of the following conditions must exist: First; the defendant must be put upon trial before a court of competent jurisdiction. Second; the indictment or information against the defendant must be sufficient to sustain a conviction. Third; the jury must have been impaneled and sworn to try the case. Fourth; after having been impaneled and sworn, the jury must have been unnecessarily discharged by the court. Fifth; such discharge of the jury must have been without the consent of the defendant.”

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

2. ““[I]t is a well recognized rule of criminal law that the privilege of immunity from a second prosecution given by the United States Constitution in the Fifth Amendment and bolstered by Article 2, § 21, of the Oklahoma Constitution, can be waived. This waiver can take the form of expressed consent or may be implied by the failure to claim or assert this right. In the instant case the record is void of any showing that the defendant presented this matter of former jeopardy to the trial court for consideration.”

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