Johnson v. State’s Empirical Analysis

Citation profile

3 federal appellate · 17 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Thus, in determining whether a charge on a lesser included offense is required, a two step analysis is to be used. First, the lesser included offense must be included within the proof necessary to establish the offense charged. Secondly, there must be some evidence in the record that if the defendant is guilty, he is guilty of only the lesser offense. 622 S.W.2d at 446 (Emphasis added)”

   3 later decisions quote this exact passage
   e.g. Jones v. State · Akbar v. State

2. “The only type of “force” which will support a rape conviction is that which “overcomes • such earnest resistance as might reasonably be expected under the circumstances.” The only type of “threat” which will support a rape conviction is that which “would prevent resistance by a woman of ordinary resolution.” The indictment in effect alleged what had to be proved. When the terms “force” and “threats” were used in the indictment, the appellant was given adequate notice of the offense with which he was charged .... While generally it is better practice to describe the offense in the indictment in the words of the statute, the instant indictment was not fundamentally defective. It is not necessary that an indictment for rape allege the character of the force or specify the threats. The use of the general terms as in the instant indictment is sufficient.”

   2 later decisions quote this exact passage
   e.g. Shawn Smith v. State · Tullous v. State

3. ““A contention similar to that now presented was before this Court in Brem v. State, supra [ 571 S.W.2d 314 (Tex.Cr.App.1978)]. There the defendant urged that the court erred in overruling his motion to quash an aggravated rape indictment. He argued that the indictment should have been quashed because it failed to allege the manner and means of force and threats used and it failed to allege the circumstances which made the act of sexual intercourse non-consensual. No error was found in the court overruling the defendant’s motion to quash and this Court stated: “ ‘Contrary to appellant’s assertion, an indictment for aggravated rape need not set out or describe the specific actions or deeds of the defendant which communicated the threat of serious bodily injury to the prosecutrix. See Watson v. State, 548 S.W.2d 676 (Tex.Cr.App.1977); Childs v. State, 547 S.W.2d 613 (Tex.Cr.App.1977). The indictment sufficiently alleged the act committed by appellant which “aggravated” the rape under Sec. 21.03(a)(2), and therefore was not subject to a motion to quash on this ground. “ ‘Appellant’s contention that the indictment should have been quashed because it failed to allege the circumstances which made the act of intercourse non-consensual is likewise without merit. The indictment alleged that appellant had sexual intercourse with the complainant “without the consent of the Complainant, by means of force and threats.” It is not necessary that the indictment allege the facts and circumstan”

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