111 Wis. 2d 150 - State v. Gavigan’s Empirical Analysis
1983
Citation profile
1 district · 31 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2022 · most notably 155 Wis. 2d 633 - State v. Pulizzano (1990), 175 Wis. 2d 713 - In Interest of Michael RB (1993)
1 district · 31 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 57 Wis. 2d 344 - Wold v. State · 75 Wis. 2d 371 - Hart v. State · 86 Wis. 2d 272 - Milenkovic v. State · 107 Wis. 2d 726 - State v. Pope · 87 Wis. 2d 804 - State v. Clark
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Sec. 972.11 (2)(b) If the defendant is accused of a crime under s. 940.225, any evidence concerning the complaining witness’s prior sexual conduct or opinions of the witness’s prior sexual conduct and reputation as to prior sexual conduct shall not be admitted into evidence during the course of the hearing or trial, nor shall any reference to such conduct be made in the presence of the jury, except the following, subject to s. 971.31(11): "1. Evidence of the complaining witness’s past conduct with the defendant. "2. Evidence of specific instances of sexual conduct showing the source or origin of semen, pregnancy or disease, for use in determining the degree of sexual assault or the extent of the injury suffered. "3. Evidence of prior untruthful allegations of sexual assault made by the complaining witness. "(c) Notwithstanding s. 901.06, the limitation on the admission of evidence of or reference to the prior sexual conduct of the complaining witness in par. (b) applies regardless of the purpose of the admission or reference unless the admission is expressly permitted under par. (b) 1, 2, 3.””
3 later decisions quote this exact passage“(11) In actions under s. 940.225 or 948.02, evidence which is admissible under s. 972.11(2) must be determined by the court upon pretrial motion to be material to a fact at issue in the case and of sufficient probative value to outweigh its inflammatory and prejudicial nature before it may be introduced at trial.”
3 later decisions quote this exact passage“The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the inadmissible evidence, which would convict the defendant beyond a reasonable doubt.”
2 later decisions 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.