State v. Smiter’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When we review a [trial] court's ruling on a motion to suppress evidence, we apply the clearly erroneous standard to the [trial] court's findings of fact.”

   2 later decisions quote this exact passage
   e.g. 384 Wis. 2d 633 - State v. Palmersheim · State v. Guard

2. “To begin, we note that in most instances, a defendant who pleads guilty waives all nonjurisdictional defects and defenses. However, Wis. Stat. § 971.31 (10). .. makes an exception to this rule, [and] allows appellate review of an order denying a motion to suppress evidence, notwithstanding a guilty plea. When we review a [trial] court's ruling on a motion to sup press evidence, we apply the clearly erroneous standard to the [trial] court's findings of fact. However, we review the [trial] court's application of constitutional principles to the findings of fact de novo. Further, we are not constrained to the [trial] court's reasoning in affirming or denying its order; instead, we may affirm the [trial] court's order on different grounds.”

   1 later decision quote this exact passage
   e.g. 337 Wis. 2d 618 - State v. Stewart

3. “Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.”

   1 later decision quote this exact passage
   e.g. State v. Sutton