214 Wis. 2d 328 - State v. O'BRIEN’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) provide supporting affidavits with the motion which describe the material sought to be discovered and explain why the material was not supplied or discovered at or before trial; (2) establish that alternative means or evidence is not already available such that the postconviction discovery is necessary to refute an element in the case; (3) describe what results the party hopes to obtain from discovery and explain how those results are relevant and material to one of the issues in the case; and (4) after meeting the first three criteria, the party must then convince the trial court that the anticipated results would not only be relevant, but that the results would also create a reasonable probability of a different outcome.”

   1 later decision quote this exact passage
   e.g. 223 Wis. 2d 303 - State v. O'BRIEN

2. “On motion of a party subject to s. 971.31(5), the court may order the production of any item of physical evidence which is intended to be introduced at the trial for scientific analysis under such terms and conditions as the court prescribes ....”

   1 later decision quote this exact passage
   e.g. 223 Wis. 2d 303 - State v. O'BRIEN

3. “The development of Wisconsin law on search and seizure parallels that developed by the United States Supreme Court.”

   1 later decision quote this exact passage
   e.g. 229 Wis. 2d 458 - Redevelopment Authority of the City of Milwaukee v. Uptown Arts & Education, Inc.