Wysocki v. Johnson’s Empirical Analysis

Citation profile

4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]s we recently reiterated, “An actual criminal conviction is not required for recovery [under the CVRA]; a claimant merely must prove each element of the underlying crime by a preponderance of the evidence.” Kesling v. Hubler Nissan, Inc., 997 N.E.2d 327 , (Ind.2013) (internal citation and quotation marks omitted). See also Klinker v. First Merchs. Bank, N.A., 964 N.E.2d 190, 193 (Ind.2012) (same); White [v. Ind. Realty Assocs. II, 555 N.E.2d 454, 456 (Ind.1990) ] (construing predecessor statute and concluding that “[u]nder this unique statute, a criminal conviction is not a condition precedent to recovery. The claimant need only prove by a preponderance of the evidence that the criminal act was committed by the defendant.” (internal citation omitted)); Obremski v. Henderson, 497 N.E.2d 909, 911 (Ind.1986) (construing predecessor statute and concluding that “[t]he appropriate standard is preponderance of the evidence.”).”

   1 later decision quote this exact passage
   e.g. Rachel Staggs v. Corena Buxbaum

2. “We ... apply a two-tiered review, and affirm when the evidence supports the findings, and when the findings support the judgment. We shall not set aside the findings or judgment unless they are clearly erroneous, and we must give due regard to the opportunity of the trial court to judge the credibility of the witnesses. Findings of fact are clearly erroneous only when they have no factual support in the record, and a judgment is clearly erroneous if it applies the wrong legal standard to properly found facts.”

   1 later decision quote this exact passage
   e.g. Epworth Forest Administration Committee, Inc. v. Gerry Lee Powell and Patricia Ann Powell