148 Wis. 2d 108 - State v. Dziuba’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Since fulfilling restitution ultimately could occur only by using the equity in his home, and because the defendant did not object to the sentence imposed by the trial court which would have given it an opportunity to impose an alternative sentence, he is now estopped from claiming that the equity in his home is protected from application to restitution. In Mercado v. Mitchell, 83 Wis. 2d 17, 26-27 , 264 N.W.2d 532 (1978), the court stated: "There are three elements to equitable estoppel: (1) Action or inaction which induces, (2) reliance by another, (3) to his detriment." The trial court and the prosecutor relied on the defendant's silence and believed the probation with conditions attached was satisfactory to him. One of the main components of the probation was the order for restitution. If the defendant is allowed to avoid the application of the equity in his home to restitution, the punishment imposed will be substantially undermined.”

   1 later decision quote this exact passage · from the majority
   e.g. 225 Wis. 2d 657 - State v. Kenyon

2. “At the sentencing hearing, [the court] clearly stated numerous times that the decision to place Dziuba on probation with a condition of restitution, rather than sending him to prison, was based on the fact that Dziuba's equity in his house would allow him to pay much, if not all, of his restitution obligation. If Dziuba had been sentenced to prison, he most likely would have defaulted on his mortgage obligations, lost [sic] all equity in the home which would have precluded any meaningful restitution. Without objection, Dziuba accepted the punishment structure. ...”

   1 later decision quote this exact passage
   e.g. 225 Wis. 2d 657 - State v. Kenyon

3. “where a person benefits from a wrong-fid act, the homestead exemption statute may have to surrender to other stated public policy.”

   1 later decision quote this exact passage · from the majority
   e.g. Paulman v. Pemberton