141 Wis. 2d 42 - State v. Cook’s Empirical Analysis

Citation profile

6 state decisions

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

1. “In light of the Constitution's emphasis on jury trial [sic], we find it difficult to understand how the [defendant] can submit the bald proposition that to compel a defendant in a criminal case to undergo a jury trial against his will is contrary to his right to a fair trial or to due process. A defendant's only constitutional right concerning the method of trial is to an impartial trial by jury. We find no constitutional impediment to conditioning a waiver of this [jury-trial] right on the consent of the prosecuting attorney and the trial judge when, if either refuses to consent, the result is simply that the defendant is subject to an impartial trial by jury — the very thing that the Constitution guarantees him.”

   1 later decision quote this exact passage
   e.g. 2004 WI App 14 - State v. Burks

2. “[CJriminal cases shall be tried by a jury... unless the defendant waives a jury in writing or by statement in open court... with the approval of the court and the consent of the state.”

   1 later decision quote this exact passage
   e.g. State v. Warbelton

3. “Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government.”

   1 later decision quote this exact passage
   e.g. 2004 WI App 14 - State v. Burks