State v. Hoeft’s Empirical Analysis

Citation profile

1 district · 15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he issue has been resolved directly and explicitly that a judge is not disqualified from later participation in a case, even where the suppression of physical evidence is the key issue, by virtue of the fact that [the same judge] issued the search and seizure warrant. Waupoose v. State, 46 Wis.2d 257 , 174 N.W.2d 503, 504 (1970); Arnold v. Commonwealth, 421 S.W.2d 366, 366-67 (Ky.1967); State ex rel. French v. Hendricks Superior Court, 252 Ind. 213 , 247 N.E.2d 519, 525 (1969); State v. Smith, 113 N.J.Super. 120 , 273 A.2d 68, 78 (1971); State v. Toce, 6 Conn.Cir.Ct. 192 , 269 A.2d 421, 422-423 (1969); Irwin v. State, 441 S.W.2d 203, 208-209 (Tex.Crim.App.1968).”

   1 later decision quote this exact passage
   e.g. Hirning v. Dooley

2. “There is a strong presumption that the laws enacted by the [Legislature are constitutional and the presumption is rebutted only when it clearly, palpably and plainly appears that the statute violates a provision of the constitution. Further, the party challenging the constitutionality of a statute bears the burden of proving beyond a reasonable doubt that the statute violates a state or federal constitutional provision.”

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

3. “It is 'the general rule that a voluntary and intelligent plea of guilty waives a defendant's right to appeal all nonjurisdictional defects in the prior proceedings.'”

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