State v. Smith’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Objective bias ... is a mixed question of fact and law. "[A] circuit court's findings regarding the facts and circumstances surrounding voir dire and the case will be upheld unless they are clearly erroneous. Whether those facts fulfill the legal standard of objective bias is a question of law." Although we do not defer to a circuit court's decision on a question of law, where the factual and legal determinations are intertwined as they are in determining objective bias, we give weight to the circuit court's legal conclusion. We have said that we will reverse a circuit court's determination in regard to objective bias "only if as a matter of law a reasonable judge could not have reached such a conclusion."”

   1 later decision quote this exact passage
   e.g. State v. Jeffrey P. Lepsch

2. “The court shall examine on oath each person who is called as a juror to discover whether the juror is related by blood, marriage or adoption to any party or to any attorney appearing in the case, or has any financial interest in the case, or has expressed or formed any opinion, or is aware of any bias or prejudice in the case.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Jeffrey P. Lepsch

3. “In all criminal prosecutions the accused shall enjoy the right... to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 2008 WI App 142 - State v. Gonzalez