Tell v. Wolke’s Empirical Analysis
1963
Citation profile
2 federal appellate · 31 state decisions
How this case has been cited
Cited by 35 later decisions — most recently April 2000 · most notably 85 Wis. 2d 36 - State v. Kenyon (1978), Watts v. United States (1968)
2 federal appellate · 31 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 Montgomery v. State · State Ex Rel. Kowaleski v. Kubiak · Campbell v. State · State Ex Rel. Tessler v. Kubiak · Dreps v. State ex rel. Kaiser
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The State has no appeal from errors of law committed by a magistrate upon preliminary examination”
3 later decisions quote this exact passage““Nor do we think the intent of sec. 955.20, Stats., is to give a discharge on a preliminary hearing the effect of an acquittal after a trial on the merits. A preliminary examination is in the form of an inquiry into the facts to ascertain whether the offense has been committed and whether there is probable cause for charging the defendant with the offense so that he might be kept in custody or admitted to bail to stand trial on an information. The test is not proof beyond a reasonable doubt but only of probable cause. The preliminary hearing is not a trial in the sense the accused has been put in jeopardy nor is the discharge form custody upon the failure of proof at a preliminary examination res jur-dicata on the district attorney any more than a bind over for trial is res judicata of the defendant’s guilt. The doctrine of res judicata is not applicable to preliminary examinations.” 21 Wis.2d at 617-18 . (Citations omitted.)”
1 later decision quote this exact passage““Second examination. If a preliminary examination has been had and the defendant has been discharged for want of evidence, and the district attorney afterwards discovers evidence sufficient, in his judgment, to convict the defendant, he may cause another complaint to be made, and thereupon further proceedings shall be had.””
1 later decision 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.