2005 WI App 62 - State v. Mark’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By the plain language of the statute, the question at the probable cause hearing is not whether the individual is substantially probable to engage in acts of sexual violence if placed on supervised release or even if discharged from commitment; the statute draws no such distinction. Rather, the question at the probable cause stage is simply whether it is substantially probable that the person will engage in acts of sexual violence without regard to any specific restrictions, supervision or time frame. It is a black-and-white determination — it is either substantially probable that the person will engage in acts of sexual violence or it is not.”

   1 later decision quote this exact passage
   e.g. In Re Commitment of Budd

2. “Murphy establishes that if a probationer is required to choose between giving answers which will incriminate him in a pending or subsequent criminal prosecution and losing his conditional liberty as a price for exercising his [F]ifth [A]mendment right to remain silent, the [S]tate may not use his answers for any evidentiary purpose in the criminal prosecution. It is not necessary that the probationer exercise his [Flifth [A]mendment right to remain silent; it is self-executing.”

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

3. “The privilege against self-incrimination guaranteed by the Fifth Amendment is a fundamental trial right of criminal defendants. Although conduct by law enforcement officials prior to trial may ultimately impair that right, a constitutional violation occurs only at trial.”

   1 later decision quote this exact passage
   e.g. In Re Commitment of Mark