108 Wis. 2d 1 - State v. Lee’s Empirical Analysis
1982
Citation profile
4 federal appellate · 18 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2007 · most notably 110 Wis. 2d 485 - State v. Felton (1983), Haas v. Abrahamson (1990)
4 federal appellate · 18 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
Relies on In the Matter of Samuel Winship · Mullaney v. Wilbur · Patterson v. New York · State v. Hoyt · 103 Wis. 2d 98 - State v. Williford
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To be legally adequate, the heat of passion resulting from . . . provocation must satisfy both an objective and a subjective test. In State v. Williford, supra, 103 Wis. 2d at 113, we wrote: ‘The heat of passion element of this offense must be the result of adequate provocation and the defendant’s state of mind at the time of the commission of the homicide; thus, heat of passion has both an objective (provocation) and a subjective (state of mind) facet.’ In other words, the provocation must be such that would cause an ordinary, reasonable person to be overcome with emotion to the degree discussed in the Johnson line of cases. Furthermore, this provocation must have actually caused such a reaction in the particular defendant.””
3 later decisions quote this exact passage““Whoever causes the death of another human being under any of the following circumstances is guilty of a Class C felony: “(1) Without intent to kill and while in the heat of passion . . . .””
3 later decisions quote this exact passage“[T]he heat of passion which will reduce what would otherwise be murder to manslaughter ... is such mental disturbance, caused by a reasonable, adequate provocation as would ordinarily so overcome and dominate or suspend the exercise of the judgment of an ordinary man as to render his mind for the time being deaf to the voice of reason: make him incapable of forming and executing that distinct intent to take human life essential to murder in the first degree, and to cause him, uncontrollably, to act from the impelling force of the disturbing cause, rather than from any real wickedness of heart or cruelty or recklessness of disposition . . ..”
1 later decision quote this exact passage
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.