572 So. 2d 957 - Johnson v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Upon an indictment or information upon which the defendant is to be tried for any offense the jury may convict the defendant of: (a) an attempt to commit such offense if such attempt is an offense and is supported by the evidence. The judge shall not instruct the jury if there is no evidence to support such attempt and the only evidence proves a completed offense. (b) any offense which as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 622 So. 2d 31 - Wilson v. State

2. “IS THE STATE ENTITLED TO HAVE JURY INSTRUCTIONS GIVEN ON CATEGORY 2 INCLUDED LESSER OFFENSES, IN ADDITION TO CATEGORY 1 NECESSARILY INCLUDED LESSER OFFENSES, IN A CASE WHERE THE DEFENDANT REQUESTS THAT NO SUCH INSTRUCTIONS BE GIVEN AND KNOWINGLY AND INTELLIGENTLY WAIVES HIS RIGHT TO SUCH INSTRUCTIONS?”

   1 later decision quote this exact passage
   e.g. 601 So. 2d 219 - State v. Johnson

3. “did attempt to unlawfully kill Robert Gooden ... by shooting the said Robert Gooden, with a revolver, with a premeditated design to effect the death of Robert Gooden... .”

   1 later decision quote this exact passage
   e.g. 601 So. 2d 219 - State v. Johnson