100 Wis. 2d 77 - State v. Braun’s Empirical Analysis
1981
Citation profile
20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently February 2023
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3148 (Bail Reform Act of 1984)
Relies on Bumper v. North Carolina · Ex parte United States · 34 Wis. 2d 278 - Whitty v. State · 93 Wis. 2d 306 - Donaldson v. State · 57 Wis. 2d 106 - Vic Hansen & Sons, Inc. v. Crowley
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Precisely what constitutes legal cause for the stay of execution of sentence has not been defined in detail in our law," it is apparent that this term, "legal cause," means that a stay or release on bail is appropriate only when the defendant has the right to pursue within the Wisconsin court system some relies against the sentence or conviction .”
2 later decisions quote this exact passage · from the majority““As a practical matter, the decision to deny release on bail after sentencing is a very reasonable choice of policy. Bail is a device which exists to insure society’s interest in having the accused answer to a criminal prosecution without unduly restricting his liberty and without ignoring the accused’s right to be presumed innocent. See Gaertner v. State, 35 Wis. 2d 159, 164-65 , 150 N.W.2d 370 (1967); Whitty v. State, 34 Wis. 2d 278, 286 , 149 N.W.2d 557 (1967). This purpose is fulfilled when the defendant is convicted and sentenced. Upon conviction and sentence, society’s interest in the defendant’s incarceration is at its peak. The defendant’s liberty has been denied by virtue of the due process of law. To allow the defendant to be released on bail at this point in the criminal law process would be to chance society’s right to the vindication of criminal wrongdoing on the criminal’s moral reluctance to ‘purchase’ his liberty by forfeiting a sum certain of his own (or, as in this case, someone else’s) money. The legislature has wisely decided not to take that chance.””
1 later decision quote this exact passage · from the majority““ ‘It is considered that this court is committed to the doctrine that courts have no inherent power to stay execution of a sentence in a criminal case in the absence of statutory authority except for the limited purpose of affording relief against the sentence itself.’ ””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.