217 Wis. 2d 392 - State v. Lechner’s Empirical Analysis

Citation profile

4 federal appellate · 92 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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well-settled that a criminal defendant has a due process right to be sentenced only upon materially accurate information.”

   24 later decisions quote this exact passage
   e.g. 382 Wis. 2d 273 - State v. Anthony R. Pico · 384 Wis. 2d 271 - State v. Benson

2. “may be convicted of either the crime charged or an included crime, but not both,”

   5 later decisions quote this exact passage · from the majority
   e.g. 386 Wis. 2d 314 - State v. Kloss · State v. Davison

3. “Upon closer review, the inaccuracies in the presentence report do not appear as significant as the defendant would have this court believe. Although the record is somewhat unclear concerning Randy Lechner’s criminal history, it appears that Lechner was arrested three times, once in each 1980, 1988, and 1990, but was ultimately convicted of only one criminal charge. In 1980, Lechner was arrested in Illinois and charged with two counts of possession with intent to deliver a controlled substance (cocaine) and two counts of possession with intent to deliver marijuana. Pursuant to a negotiated plea agreement, the Illinois prosecutor consolidated two of the counts against Lechner and dismissed the other two. Lechner then pled guilty to the consolidated count of possession with intent to deliver both a controlled substance and marijuana. Since the two counts were consolidated, the 1980 arrest resulted in only one criminal conviction. For this conviction, the court sentenced Lechner to three years of probation. In 1988, Lechner was arrested in Illinois and charged with battery. According to Lechner, he paid a fine for this offense. The record shows only that the battery charge was dismissed. Finally, in 1990, Lechner was arrested in Wisconsin for battery. Apparently pursuant to another negotiated plea, Lechner was charged only with a violation of a misdemeanor disorderly conduct ordinance. Lechner pled no contest to this ordinance violation, paid a fine, and was ordered by the court ”

   2 later decisions quote this exact passage · from the majority
   e.g. 213 F. Supp. 2d 975 - Lechner v. Litscher · Lechner v. Frank