223 Wis. 2d 303 - State v. O'BRIEN’s Empirical Analysis

1999

Citation profile

cited by 60 later decisions

states following

July 2021

most recently cited

2 federal appellate · 58 state decisions

How this case has been cited

Cited by 60 later decisions — most recently July 2021 · most notably 227 Wis. 2d 758 - State v. Erickson (1999), State v. Ward (2000)

2 federal appellate · 58 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 Strickland v. Washington · United States v. Bagley · United States v. Agurs · United States v. Ross · Lockhart v. Fretwell

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

“"[E]vidence is [consequential] only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A 'reasonable probability' is a probability sufficient to undermine confidence in the outcome." Evidence that is of consequence then is evidence that probably would have changed the outcome of the trial.”
7 later decisions quote this exact passage
e.g. 385 Wis. 2d 513 - State v. Buckingham · 386 Wis. 2d 353 - State v. Bullock
“Essentially, the circuit court found that the result of the trial would not have been different because the evidence was not material. We will not disturb a circuit court's findings regarding evidentiary facts unless they are clearly erroneous.”
3 later decisions quote this exact passage
e.g. 272 Wis. 2d 854 - State v. Moran · 385 Wis. 2d 513 - State v. Buckingham
“[t]he mere possibility that an item of undisclosed information might have helped the defense ... does not establish '[a consequential fact]' in the constitutional sense.”
3 later decisions quote this exact passage
e.g. State v. Ziebart · 385 Wis. 2d 513 - State v. Buckingham

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.