Johnson v. State’s Empirical Analysis

Citation profile

42 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Counsel's strategic decisions will not be second-guessed on collateral attack.”

   4 later decisions quote this exact passage · from the majority
   e.g. Brown v. State · 815 So. 2d 601 - Carroll v. State

2. “entails a determination as to the credibility of the witness, this Court `will not substitute its judgment for that of the trial court on issues of credibility' so long as the decision is supported by competent, substantial evidence.”

   3 later decisions quote this exact passage · from the majority
   e.g. 850 So. 2d 417 - Marquard v. State · 934 So. 2d 1187 - Archer v. State

3. “Recantation by a witness called on behalf of the prosecution does not necessarily entitle a defendant to a new trial. In determining whether a new trial is warranted due to recantation of a witness's testimony, a trial judge is to examine all the circumstances of the case, including the testimony of the witnesses submitted on the motion for the new trial. "Moreover, recanting testimony is exceedingly unreliable, and it is the duty of the court to deny a new trial where it is not satisfied that such testimony is true. Especially is this true where the recantation involves a confession of perjury." Only when it appears that, on a new trial, the witness's testimony will change to such an extent as to render probable a different verdict will a new trial be granted.”

   1 later decision quote this exact passage · from the majority
   e.g. 934 So. 2d 1187 - Archer v. State