201 Wis. 2d 662 - State v. Hampton’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Findings of fact include 'the circumstances of the case and the counsel's conduct and strategy.' " State v. Thiel , 2003 WI 111 , ¶21, 264 Wis. 2d 571 , 665 N.W.2d 305 (citation omitted). Whether counsel's behavior was prejudicial to the defendant is a question of law which this court reviews de novo. Pitsch , 124 Wis. 2d at 634 . B. Law Applicable to Sleeping Juror Claims ¶18 " Article I, § 7 of the Wisconsin Constitution, guaranteeing an impartial jury, and the Sixth and Fourteenth Amendments to the United States Constitution, guaranteeing an impartial jury and due process, require that a criminal not be tried by a juror who cannot comprehend the testimony.”

   2 later decisions quote this exact passage
   e.g. 386 Wis. 2d 630 - State v. Putman · 337 Wis. 2d 461 - State v. Kettner

2. “It is logical to conclude that implied in the concept of assuring an impartial jury is the presence of jurors who have heard all of the material testimony. The absence of this condition, whether it is due to a hearing deficiency or a state of semi-consciousness, could imperil the guarantees of impartiality and due process.”

   1 later decision quote this exact passage
   e.g. 337 Wis. 2d 461 - State v. Kettner

3. “with instructions that the trial court conduct a hearing to determine: the extent or length of time of the inattentiveness, the importance of the testimony missed, and, whether such inattention prejudiced Hampton to the extent that he did not receive a fair trial.”

   1 later decision quote this exact passage
   e.g. 217 Wis. 2d 614 - State v. Hampton