State v. Johnson’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. “[W]hen an accused raises self-defense, the burden is on the State to prove, beyond a reasonable doubt, that he did not act in self-defense. "The determination of a defendant's culpability focuses on a two fold inquiry: 1) whether, from the facts presented, the defendant could have reasonably believed his life to be in imminent danger, and 2) whether deadly force was necessary to prevent the danger." State v. Mills , 04-489, p. 7 (La.App. 5 Cir. 3/29/05), 900 So.2d 953 , 959, writ denied , 05-1470 (La. 1/13/06), 920 So.2d 235 . "Factors to consider in determining whether a defendant had a reasonable belief the killing was necessary are the excitement and confusion of the situation, the possibility of using force or violence short of killing and the Defendant's knowledge of the assailant's bad character." State v. Nelson , 34,077, p. 6 (La.App. 2 Cir. 12/6/00), 775 So.2d 579 , 584. While there is no requirement that the accused must retreat from the confrontation, the possibility of escape is a factor to be considered in determining if the accused had a reasonable belief that the use of deadly force was necessary to avoid the danger. State v. Woodhead , 03-1036 (La.App. 5 Cir. 1/27/04) , 866 So.2d 995 , writ denied , 04-598 (La. 7/2/04), 877 So.2d 144 .”

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

2. “|4While ‘sudden passion’ and ‘heat of blood’ are mitigating factors to a charge of murder, an accused need only establish the mitigating factors by a preponderance of the evidence. State v. Fontenot, 05-553 (La.App. 3 Cir. 12/30/05) , 918 So.2d 1096 ; State v. Baldwin, 96-1660 (La.12/12/97), 705 So.2d 1076 , cert. denied, 525 U.S. 831 , 119 S.Ct. 84 , 142 L.Ed.2d 66 (1998).”

   1 later decision quote this exact passage
   e.g. 175 So. 3d 1192 - State v. Watson