State v. Warbelton’s Empirical Analysis
2009
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently August 2022 · most notably 2009 WI App 81 - State v. Sveum (2009), 2011 UT App 19 - Allen v. Anger (2011)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Apprendi v. New Jersey · Almendarez-Torres v. United States · Old Chief v. United States · Liparota v. United States · Singer v. United States
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Eichorn "intentionally engage[d] in a course of conduct directed at" Vivian L. See Wis. Stat. § 940.32 (2)(a). As we have seen, and as the trial court recognized, there is no temporal limitation to "course of conduct" — the only thing that is required is that there be "2 or more acts ... that show a continuity of purpose, including any of the following: 1. Maintaining a visual or physical proximity to the victim[; or] 2. Approaching or confronting the victim." Section 940.32(1)(a). (Paragraph formatting deleted.) The course of conduct can be over a "short" time. Ibid. Under our standard of review, there is more than enough evidence to support this element beyond a reasonable doubt. (2) Eichorn's conduct towards Vivian L. was such so as to "cause a reasonable person under the same circumstances to suffer serious emotional distress." See Wis. Stat. § 940.32 (2)(a). As noted earlier, " 'Suffer serious emotional distress' means to feel terrified, intimidated, threatened, harassed, or tormented." Section 940.32(1)(d). (Emphasis added.) Although Eichorn contends that this element was not satisfied because he never threatened Vivian L. or made sexually suggestive comments to her, and because he was sixty-six and not physically threatening, under our standard of review, there was more than enough evidence to prove beyond a reasonable doubt that what Vivian L. testified Eichorn did, both at the bus stop and after the four-to-five minute bus ride when she got off the bus to walk th”
2 later decisions quote this exact passage“"Stalkers may be obsessive, unpredictable, and potentially violent. They often commit a series of increasingly violent acts, which may become suddenly violent, and result in the victim's injury or death." Unlike with other crimes against life and bodily security, the mental state of the victim — as well as the mental state of the perpetrator — is an element of the crime of stalking.... "Stalking may involve conduct intended to be an expression of the stalker's feelings toward the victim." "Since stalking statutes criminalize what otherwise would be legitimate behavior based upon the fact that the behavior induces fear, the level of fear induced in a stalking victim is a crucial element of the stalking offense."”
2 later decisions quote this exact passage“Stalkers may be obsessive, unpredictable, and potentially violent. They often commit a series of increasingly violent acts, which may become suddenly violent, and result in the victim's injury or death.”
2 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.