127 Wis. 2d 205 - State v. Cissell’s Empirical Analysis
1985
Citation profile
48 state decisions
How this case has been cited
Cited by 52 later decisions — most recently July 2025 · most notably 136 Wis. 2d 172 - Chappy v. Labor & Industry Review Commission (1987), 139 Wis. 2d 397 - Bachowski v. Salamone (1987)
48 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 28 U.S.C. § 515
Relies on Kolender v. Lawson · United States v. Batchelder · Jones v. Helms · 75 Wis. 2d 411 - State v. Asfoor · 26 Wis. 2d 43 - State Ex Rel. Sonneborn v. Sylvester
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“overlapping criminal statutes with different penalty schemes do not violate constitutional principles unless the prosecutor selectively bases the charging decision upon an unjustifiable standard such as race, religion, or other arbitrary classification.”
3 later decisions quote this exact passage“[T]he fact that the defendant's conduct may be chargeable under either of two statutes does not make prosecution under one or the other statute improper per se; the focus instead is on whether the prosecutor unjustifiably discriminated against any class of defendants.”
2 later decisions quote this exact passage“Differences in treatment between individuals . . . are determined as a matter of prosecutorial discretion. . . . [S]uch discretion is not unconstitutional unless the prosecutor discriminates on the basis of unjustifiable criteria.”
2 later decisions quote this exact passage · from the concurrence
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.