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← 583 S.W.2d 399 - Johnson v. State

Johnson v. State’s Empirical Analysis

1979

Citation profile

65
cited by 65 later decisions
1
states following
May 2017
most recently cited

65 state decisions

How this case has been cited

Cited by 65 later decisions — most recently May 2017 · most notably McCullough v. State (1985), Archer v. State (1980)

65 state decisions

44019791980199020002010decided

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 Rakas v. Illinois · Bird v. State · Ashley v. State · Rodriguez v. State · Commons v. State

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

  1. ““Johnson also contends the evidence was insufficient to prove his prior rape conviction was final before the commission of the instant offense. The prior conviction was proved with certified copies of the judgment and sentence. They reflected that Johnson entered a guilty plea and was convicted and sentenced on January 16, 1974. The record is silent concerning notice of appeal. Appellant offered no evidence. “The judgment and sentence do not indicate notice of appeal was given. If this were the case, the prior conviction became final during January, 1974. Once the State introduces such prima facie evidence of a final conviction, the defense has the burden of proving that the conviction was not final. Ashley v. State, 527 S.W.2d 302 (Tex.Cr.App.1975). No such proof was presented. Thus, the evidence shows the prior rape was final in January, 1974 and the instant offense was committed on June 21, 1977. The proof was adequate to show the prior conviction was final before the commission of the present offense.” Johnson v. State, supra at 403.”
    1 later decision quote this exact passage
  2. ““Johnson contends that Officer Olivia Es-cobedo, who was present at the pretrial photo spread, should not have been allowed to bolster S. J.’s unimpeached identification testimony by testifying that S. J. had identified appellant’s picture. S. J. was vigorously cross-examined concerning her identification of Johnson. The State may bolster an identification witness’ testimony when that identification is challenged by cross-examination.””
    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.