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← 310 NW2D 58 - State v. Loebach

State v. Loebach’s Empirical Analysis

1981

Citation profile

77
cited by 77 later decisions
14
states following
August 2019
most recently cited

76 state decisions

How this case has been cited

Cited by 77 later decisions — most recently August 2019 · most notably 155 Wis. 2d 633 - State v. Pulizzano (1990), State v. Saldana (1982)

76 state decisions — followed in 14 states

3601981199020002010decided

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 Michelson v. United States · Leary v. United States · State v. Spreigl · State v. Loss · State v. Adams

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

  1. “[a] defendant claiming error in the trial court’s reception of evidence has the burden of showing both the error and the prejudice resulting from the error * * *. A reversal is warranted only when the error substantially influences the jury to convict.”
    7 later decisions quote this exact passage
  2. “First, there is the possibility that the jury will convict a defendant in order to penalize him for his past misdeeds or simply because he is an undesirable person. Second, there is the danger that a jury will overvalue the character evidence in assessing the guilt for the crime charged. Finally, it is unfair to require an accused to be prepared not only to defend against immediate charges, but also to disprove or explain his personality or prior actions.”
    2 later decisions quote this exact passage
  3. “"Courts that follow the common-law tradition almost unanimously have come to disallow resort by the prosecution to any kind of evidence of a defendant's evil character to establish a probability of his guilt. Not that the law invests the defendant with a presumption of good character... but it simply closes the whole matter of character, disposition and reputation on the prosecution's case-in-chief.... The overriding policy of excluding such evidence, despite its admitted probative value, is the practical experience that its disallowance tends to prevent confusion of issues, unfair surprise and undue prejudice." Michelson v. United States, 335 U.S. 469 , 69 S.Ct. 213 , 93 L.Ed. 168 (1948).”
    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.