127 Wis. 2d 486 - State v. Davis’s Empirical Analysis
1986
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 2009
14 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 Bearden v. Georgia · 49 Wis. 2d 263 - McCleary v. State · 39 Wis. 2d 754 - State v. Hutnik · 74 Wis. 2d 647 - State v. Tarrell · 83 Wis. 2d 790 - Huggett v. State
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Prior to the expiration of any probation period, the court, for cause and by order, may extend probation for a stated period or modify the terms and conditions thereof. (b) The . . . department . . . shall notify the sentencing court of the status of the ordered payments unpaid at least 90 days before the probation expiration date. ... If payment as ordered has not been made, the court shall hold a probation review hearing prior to the expiration date, unless the hearing is voluntarily waived by the probationer. ... A probationer shall not be discharged from probation until payment of the ordered restitution .. . under s. 973.05 has been made or the court determines that there is substantial reason not to continue to require payment.”
2 later decisions quote this exact passage · from the dissent“While this court in general accepts cases only if they are likely to be of significant precedential importance, we conclude that this case fits that category because it demonstrates the improper use of the criminal process to collect what eventually became no more than a civil debt. Additionally, we wish to make it absolutely clear that conditions of probation, from the outset, should not be altered except in circumstances that evidence the appropriate exercise of judicial discretion.”
2 later decisions quote this exact passage · from the majority“If the court places the person on probation, the court shall require restitution designed to compensate the victim’s pecuniary loss resulting from the crime to the extent possible, unless the court finds there is substantial reason not to order restitution as a condition of probation. ...”
2 later decisions 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.