State v. Ostwald’s Empirical Analysis
1979
Citation profile
43 state decisions
How this case has been cited
Cited by 45 later decisions (2 by the Supreme Court) — most recently November 2013 · most notably Beck v. Alabama (1980), State v. Cosgrove (1980)
43 state decisions
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 State v. Maupin · State v. Buckley · State v. Baugh · State v. Caryl · 60 Wis. 2d 267 - State v. Wind
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. An intoxicated or drugged condition may be taken into consideration in determining the existence of a mental state which is an element of the offense.””
2 later decisions quote this exact passage · from the majoritye.g. State v. Peavler · State v. Bingman“We have reviewed many cases involving the burden of proving beyond a reasonable doubt the identity of a substance alleged to be marijuana. In only two of those cases do we find language indicating that absolute chemical identification is required to meet this burden of proof, and in both cases that language was dicta only. [Cites omitted.] On the other hand, numerous cases hold that marijuana is not difficult to characterize without chemical analysis and that testimony of officers who have had experience searching for and identifying marijuana is sufficient. 591 P.2d at 652 .”
1 later decision quote this exact passage · from the majority“Finally, from the language of Ostwald , i.e., “[a] defendant is entitled to instructions on lesser included offenses if any evidence exists in the record which would permit the jury to rationally find him guilty of a lesser offense and acquit him of a greater,” 591 P.2d 651 , it is clear that the instruction on resisting arrest should have been presented to the jury.”
1 later decision quote this exact passage · from the majoritye.g. State v. Beavers
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.