908 So. 2d 758 - Johnson v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether error lies in the manner in which the jury was instructed, the various requested instructions are not considered in isolation. Rather, the instructions actually given must be read as a whole.”

   5 later decisions quote this exact passage
   e.g. Williams v. State · 981 So. 2d 1007 - Brown v. State

2. “The court instructs the jury that the defendant, Edward Lamon Blunt[,] is claiming that the killing of Michael Taylor was done in self-defense and thus under the law was a justifiable homicide. To make a killing justifiable on the grounds of self-defense, the danger to the defendant must not have been created, initiated or caused by him; the danger must be either actual, present, and urgent or the defendant must have reasonable grounds to apprehend a design on the part of the victim to kill, or do some great bodily harm to him, and in addition to this, that there was apparent imminent danger of such design being accomplished. Hence, the mere fear, apprehension or belief, however sincerely entertained by one person that another designs to take his life or to do him some great bodily harm, will not justify the accused taking the life of the deceased. A party may have an apprehension that his life is in danger and believe the grounds of his apprehension just and reasonable, and yet he acts at his peril. He is not the final judge; the [j]ury may determine the reasonableness of the grounds upon which he acted.”

   1 later decision quote this exact passage
   e.g. James John Rodgers v. State of Mississippi

3. ““A party acting upon this principle does not ‘act at his peril.’ Of course, it is for the jury to determine the reasonableness of the ground upon which the defendant acts but if the defendant’s apprehension is reasonable, there is no peril.” [Scott, 446 So.2d] at 58S-84[.] “When a jury is given instructions which are in hopeless conflict this Court is compelled to reverse because it cannot be said that the jury verdict was founded on correct principles of law.” Id. at 583. Such contradictory instructions constitute reversible error and have been condemned by this Court. Flowers v. State, 473 So.2d 164, 165 (Miss.1985). We conclude that jury instruction S-4 is contradictory and confusing and does not correctly state the applicable law because one acting in self-defense does not act at his own peril. This instruction constitutes reversible error. Therefore, this Court must reverse and remand for a new trial.”

   1 later decision quote this exact passage
   e.g. James John Rodgers v. State of Mississippi