172 Wis. 2d 1 - State v. Hilleshiem’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.”

   2 later decisions quote this exact passage
   e.g. 203 Wis. 2d 25 - State v. BRIT · State v. Britt

2. “A defendant is not automatically entitled to a jury instruction on an offered defense. The defendant has the initial burden of producing evidence to establish a statutory defense to criminal liability. ... The rule generally applied to instructions is "that a trial court is not required to give requested instructions unless the evidence reasonably requires it. However, a defendant in a criminal case, when he properly requests, is entitled to have the jury consider any defense which is supported by the evidence. Ultimate resolution of the issue of the appropriateness of giving [a] particular instruction turns on a case-by-case review of the evidence, with each case necessarily standing on its own factual ground.... [W]here the defendant appeals from the denial of a request instruction, `the evidence is to be viewed in the most favorable light it will reasonably admit from the standpoint of the accused.'"”

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

3. “To establish the defense of entrapment, the defendant must show by a preponderance of the evidence that [he or] she was induced to commit the crime. If the defendant meets [that] burden of persuasion, then the burden falls on the state to prove beyond a reasonable doubt that the defendant was predisposed to commit the crime.”

   1 later decision quote this exact passage
   e.g. 226 Wis. 2d 398 - State v. Schuman