State v. Crockett’s Empirical Analysis
2001
Citation profile
16 state decisions
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on McCleskey v. Zant · 185 Wis. 2d 168 - State v. Escalona-Naranjo · 227 Wis. 2d 758 - State v. Erickson · 217 Wis. 2d 392 - State v. Lechner · 148 Wis. 2d 1 - State v. Franklin
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.
“'a fact or set of facts highly relevant to the imposition of sentence, but not known to the trial judge at the time of original sentencing, either because it was not then in existence or because ... it was unknowingly overlooked by all of the parties.' " Id. , ¶40 (citation omitted). Whether a fact or set of facts constitutes a new factor is a question of law that this court decides independently. See id., ¶33. Whether a new factor warrants sentence modification is a discretionary determination for the circuit court. See id. ¶15 Hubbard claims that a report prepared by a pathologist retained by his first trial attorney constitutes a new factor. He is wrong, for numerous reasons. First, Hubbard knew about the report well in advance of sentencing. At a scheduling conference six weeks before his guilty plea, his successor trial counsel advised on the record that "prior counsel had Dr. Jen[tz]en look at the autopsy-related materials, and he issued a report with an alternative opinion as to what caused the death.”
1 later decision quote this exact passage“Rephrasing the same issue in slightly different terms does not create a new issue.”
1 later decision quote this exact passage
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.