Johnson v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We find that Johnson’s actions plainly, clearly, and obviously would qualify as aggravated assault under either subsection (a) or (b) [now 97 — 3—7(2)(a)(i) and (ii) ] of Mississippi Code Annotated § 97-3-7(2), because he (1) used a deadly weapon and (2) caused serious bodily injury through recklessness, manifesting an extreme indifference to human life. Yet, even if there was some doubt about the particular subsection of Mississippi Code Annotated § 97-3-7(2) that was intended to be covered by the indictment, we note that our [S]upreme [C]ourt has held that Mississippi Code Annotated § 97-3-7(2) may be read to cover a “considerable latitude” of varying factual situations. Stevens v. State, 808 So.2d 908, 920 (¶ 35) (Miss.2002). The Stevens [C]ourt also held that one may be simultaneously charged under both subsections of Mississippi Code Annotated § 97-3-7(2); thus, the two subsections are not mutually exclusive. Stevens, 808 So.2d at 920 (¶ 36). The Stevens case supports the finding we alluded to above, namely that the blending of the subsections of this particular statute is not necessarily a defect and in this case does not warrant reversal. See also Stegall v. State, 765 So.2d 606, 614 (¶ 23) (Miss.Ct.App.2000) (Irving, J., concurring).”

   1 later decision quote this exact passage
   e.g. 145 So. 3d 636 - State of Mississippi v. Hattie Hawkins