State v. Muckerheide’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Case law and treatises explain that 'context' evidence show the res gestae of the crime. The other act is ordinarily close in time to the crime and is integral to the crime such that is not only helpful in understanding what happened but is necessary to complete the story by filling in otherwise misleading or confusing gaps. In other words, the fact-finder must hear the entire story in order not to be misled. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. 331 Wis. 2d 568 - State v. Marinez

2. “[although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence”

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

3. “Although a Wisconsin court may consider case law from such other jurisdictions, obviously such case law is not binding precedent in Wisconsin, and a Wisconsin court is not required to follow it.”

   1 later decision quote this exact passage
   e.g. 351 Wis. 2d 539 - Nickel v. Wells Fargo Bank