Wheaton v. State’s Empirical Analysis
2003
Citation profile
8
cited by 8 later decisions
1
states following
August 2010
most recently cited
8 state decisions
Relationships
Relies on Schmerber v. State of California · Bouwkamp v. State · Keser v. State · Best v. State · Mueller v. State
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Due process requires the trial court to give a correct instruction to the jury that details the defendant’s theory of the ease. Blakely v. State, 474 P.2d 127, 129 (Wyo.1970). The instruction must sufficiently inform the court of the defendant’s theory and must be supported by competent evidence. Bouwkamp v. State, 833 P.2d 486 , 490 (Wyo.1992). A theory of the case is more than a comment on the evidence that tells the jury how to consider the evidence. Ellifritz v. State, 704 P.2d 1300 (Wyo.1985). Fundamentally, the instruction must in the first instance be a proper theory of the case, or theory of defense, instruction. That is, the offered instruction must present a defense recognized by statute or case law in this jurisdiction. Bouwkamp, 833 P.2d at 490 . As Bouwkamp explained, “[t]heory of defense instructions are to be derived from and address criminal defenses provided for by statute or acknowledged by this court.” Id. It further noted “common-law defenses are retained unless otherwise provided by this act.” Id. (quoting Wyo. Stat. Ann. § 6 — 1—102(b)). Additionally, this Court has discussed acceptable defenses, notably in Keser v. State, 706 P.2d 263, 269 (Wyo.1985). See also 1 Paul H. Robinson, Criminal Law Defenses § 21, at 70 n. 1 (1984); 1 Charles E. Torcia, Wharton’s Criminal Law § 39 (15th ed.1993). Any competent evidence is sufficient to establish a defense theory even if it consists only of testimony of the defendant. Best v. State, 736 P.2d 739, 745 (Wyo.1987)”
6 later decisions 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.