Public-domain · open source
OpenJurist
← 131 Mont. 152 - State v. Bischert

State v. Bischert’s Empirical Analysis

1957

Citation profile

77
cited by 77 later decisions
7
states following
October 2008
most recently cited

2 district · 75 state decisions

How this case has been cited

Cited by 77 later decisions — most recently October 2008 · most notably Faught Ex Rel. Faught v. Washam (1959), 165 W. Va. 588 - State v. Clawson (1980)

2 district · 75 state decisions

300195719601970198019902000decided

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 Fulton v. Chouteau County Farmers' Co. · Peterson v. State · State v. Spotted Hawk · Louisville & Nashville Railroad v. Pearson · Territory of Montana v. Manton

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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"* * * Photographs are admissible for the purpose of explaining and applying the evidence and assisting the court and jury in understanding the case. Fulton v. Chouteau County Farmers' Co., 98 Mont. 48 , 37 P.2d 1025 . When the purpose of an exhibit is to inflame the minds of the jury or excite the feelings rather than to enlighten the jury as to any fact, it should be excluded. State v. Bischert, 131 Mont. 152 , 308 P.2d 969 * * *."”
    9 later decisions quote this exact passage
  2. “"* * * The information contains more than this court has held necessary in manslaughter cases. In view of the ruling in State v. Duncan, Mont., [ 130 Mont. 562 ], 305 P.2d 761 , [upholding the abbreviated form of charge] analysis of the information is unnecessary."”
    1 later decision quote this exact passage
  3. “`* * * by failing, neglecting and refusing to provide her with the necessary food and attention to maintain her and sustain her life and by reason of such failure, neglect and refusal, the said Melody Bischert did then and there starve and die, * * *.'”
    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.