Weddell v. Weber’s Empirical Analysis

Citation profile

1 district · 11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]hether a defendant has received ineffective assistance of counsel is essentially a mixed question of law and fact. In the absence of a clearly erroneous determination by the circuit court, we must defer to its findings on such primary facts regarding what defense counsel did or did not do in preparation for trial and in his presentation of the defense at trial. This [C]ourt, however, may substitute its own judgment for that of the circuit court as to whether defense counsel's actions or inaction constituted ineffective assistance of counsel.”

   3 later decisions quote this exact passage
   e.g. Hofman v. Weber · Knecht v. Weber

2. “The most prominent injury is that of a linear abrasion and contusion extending across the left side of the jaw and neck. The external injury patterns are those consistent with having been produced by a rounded blunt instrument.... The blow to the left side of the neck would appear to have been the most immediately fatal on the basis of brain stem concussion. * * * * * * The blow to the top right side of the head shows characteristics consistent with having been inflicted by the blunt end of a tire iron. This blow does not appear to have produced any significant underlying injury to the brain, although again, the degree of brain injury often cannot be accurately ascertained when the individual dies shortly after the blow is sustained. * * * * * * The cause of death, therefore, in this case is head trauma consistent with that inflicted by a heavy rounded blunt instrument striking the decedent. The most severe and probably the most immediately lethal injury was that sustained on the left side of the jaw and neck. The manner of death is consistent with homicide.”

   1 later decision quote this exact passage
   e.g. 290 F. Supp. 2d 1011 - Weddell v. Weber

3. “It is settled law in South Dakota that a judgment subject to res judicata “constitute[s] an absolute bar against the prosecution, not only of every claim or demand therein in controversy, but also of all other admissible matters that might have been offered to sustain or defeat such claims or demands.””

   1 later decision quote this exact passage
   e.g. Clay v. Weber