33 Wis. 2d 373 - Commodore v. State’s Empirical Analysis

Citation profile

78 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This power is exercised with ‘some reluctance and with great caution’ and only in the event of a probable miscarriage of justice. Ferry v. State (1954), 266 Wis. 508, 511 , 63 N. W. (2d) 741 . Such grave doubt must exist regarding a defendant’s guilt to induce the belief that justice has miscarried. State v. Fricke (1934), 215 Wis. 661, 667 , 255 N. W. 724 . In Lock v. State (1966), 31 Wis. (2d) 110, 118, 142 N. W. (2d) 183 , we stated: “ ‘In order for this court to exercise its discretion and for such a probability [of a miscarriage of justice] to exist we would at least have to be convinced that the defendant should not have been found guilty and that justice demands the defendant be given another trial.’ ””

   5 later decisions quote this exact passage
   e.g. 46 Wis. 2d 1 - Schwamb v. State · 51 Wis. 2d 145 - Banks v. State

2. “In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed; which county or district shall have been previously ascertained by law.”

   2 later decisions quote this exact passage
   e.g. Jones v. State · 53 Wis. 2d 563 - State v. Kwitek

3. ““This power is exercised with ‘some reluctance and with great caution’ and only in the event of a probable miscarriage of justice. Ferry v. State (1954), 266 Wis. 508, 511 , 63 N. W. (2d) 741 . Such grave doubt must exist regarding a defendant’s guilt to induce the belief that justice has miscarried. State v. Fricke (1934), 215 Wis. 661, 667 , 255 N. W. 724 . In Lock v. State (1966), 31 Wis. (2d) 110, 118, 142 N. W. (2d) 183 , we stated: “ ‘In order for this court to exercise its discretion and for such a probability [of a miscarriage of justice] to exist we would at least have to be convinced that the defendant should not have been found guilty and that justice demands the defendant be given another trial.’ ” “. . . There is nothing to indicate that justice has not been well served by this conviction, nor is there one shred of evidence to indicate that a different result would obtain under optimum circumstances. It is most unlikely that a new trial would result in an acquittal.””

   1 later decision quote this exact passage
   e.g. 45 Wis. 2d 20 - State v. Kramer