220 Wis. 2d 753 - State v. Scheidell’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether to admit the "other acts" evidence offered by the defendant, the trial court is not to make a preliminary finding that the other crime occurred. When considering the defendant's proffer, the trial court neither weighs credibility nor makes findings that the defendant has proven the occurrence of the other crime. The court simply examines the defendant's entire proffer and decides whether the jury could reasonably find that the crime occurred. The similarities and differences between the crimes are for the jury to weigh and do not serve as a barrier to admissibility. Likewise, the assertion by the State that the second victim is less than credible is not a barrier to admissibility; the opinion of the truthfulness of a witness is not admissible into evidence. The jury is the arbiter of the weight and credibility of that witness's testimony.”

   1 later decision quote this exact passage · from the dissent
   e.g. 227 Wis. 2d 285 - State v. Scheidell

2. “use an admissibility standard that concentrates on the simple relevancy as to guilt and innocence [because prejudice is no longer a factor]. The court must balance against relevancy the considerations of § 904.03, STATS.”

   1 later decision quote this exact passage
   e.g. 227 Wis. 2d 285 - State v. Scheidell

3. “correctly exercised its discretion in refusing to admit Scheidell's exhibit.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Scheidell