Johnson v. State’s Empirical Analysis

Citation profile

48 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Judges dealing with cases essentially alike should reach the same result. Different results reached from substantially the same facts comport with neither logic nor reasonableness.”

   2 later decisions quote this exact passage · from the majority
   e.g. 990 So. 2d 639 - Thigpen v. United Parcel Services, Inc. · 991 So. 2d 364 - Salazar v. State

2. “We acknowledge the statement’s potential to create an emotional basis for the verdict. However, the prejudicial impact of the evidence could have been ameliorated to some extent by an instruction to consider the evidence solely on the issue of the defendant’s intent. Johnson complains on appeal that the trial court did not give a limiting instruction, but he made no request for such an instruction below and does not now claim that a limiting instruction would have been ineffective. Therefore, this aspect of his argument is waived. Further, we note that the State was cautious in its use of the statement. The prosecutor did not mention the statement again until the penalty phase, when he legitimately argued that it supported the HAC aggravator. Accordingly, the potential for unfair prejudice ... did not “substantially outweigh” the statement’s probative value. We conclude that the trial court acted within its discretion under the rules of evidence, specifically sections 90.403 and 90.803(2), in allowing the State to introduce the statement over defense objection.”

   1 later decision quote this exact passage · from the majority
   e.g. 135 So. 3d 1002 - Richard Allen Johnson v. State of Florida

3. “[a] potential juror may be excused “for cause” if the juror has a state of mind regarding the case “that will prevent the juror from acting with impartiality.” § 913.03(10), Fla. Stat. (2006). In a capital case, this standard is met if a juror’s views on the death penalty “prevent or substantially impair the performance of his or her duties as a juror in accordance with the juror’s instructions or oath.” Fernandez [v. State], 730 So.2d [277, 281 (Fla.1999) ]. “A juror must be excused for cause if any reasonable doubt exists as to whether the juror possesses an impartial state of mind.” Ault v. State, 866 So.2d 674, 683 (Fla. 2003).”

   1 later decision quote this exact passage · from the majority
   e.g. 41 So. 3d 857 - Wade v. State