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← 623 F.3d 41 - Johnson v. United States

Johnson v. United States’s Empirical Analysis

623 F.3d 41 · 2010

Citation profile

40
cited by 40 later decisions
1
states following
April 2024
most recently cited

21 federal appellate · 1 district · 1 state decisions

Relationships

Applies 18 U.S.C. § 2113 · 18 U.S.C. § 924 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Berman v. United States · Deal v. United States · Stewart v. Martinez-Villareal · Magwood v. Patterson · Burton v. Stewart

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

  1. “After a state prisoner had filed a [habe-as] petition challenging his Alabama .murder conviction and death sentence, the district court conditionally granted his petition and vacated his death sentence. The trial court subsequently held new sentencing proceedings, and it again sentenced the state prisoner to death. He then filed a [habeas] petition challenging his new sentence on the ground that, inter alia, he did not have fair warning that his conduct-would be sufficient to warrant a death sentence under- Alabama law.- The district court granted the petition, concluding-that it was not successive .... and that the state prisoner’s fair warning claim was meritorious. The Eleventh Circuit reversed[,] ... conclude[ing] that the state prisoner’s fair warning claim was successive because it could have been raised in his prior [habeas] petition— [The Supreme Court affirmed the ruling of the district court.]”
    1 later decision quote this exact passage · from the majority
  2. “Under Magwood, however, where ‘there is a new judgment intervening between the two habeas petitions, ... an application challenging the resulting new judgment is not “second or successive” at all.’ Id. (internal quotation marks omitted). And the Supreme Court has previously stated that ‘[a] judgment of conviction includes both the adjudication of guilt and the sentence.’ Deal v. United States, 508 U.S. 129, 132 , 113 S.Ct. 1993 , 124 L.Ed.2d 44 (1993). It follows that, where a first habeas petition results in an amended judgment, a subsequent petition is not successive regardless of whether it challenges the conviction, the sentence, or both.”
    1 later decision quote this exact passage · from the majority
  3. “[W]here a first habeas petition results in an amended judgment, a subsequent petition is not successive regardless of whether it challenges the conviction, the sentence, or both ... A different result is not warranted by the fact that [petitioner’s] claims could have been raised in his prior [habeas] motion or the fact that he effectively challenges an unamended component of the judgment. In light of Magwood , we must interpret successive applications with respect to the judgment challenged and not with respect to particular components of that judgment.”
    1 later decision quote this exact passage · from the majority

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.