337 Wis. 2d 351 - State v. Avery’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To establish that the evidence would have been inevitably discovered, the State must demonstrate, by a preponderance of the evidence, that: (1) there is a reasonable probability the evidence in question would have been discovered by lawful means but for the police misconduct; (2) the leads making the discovery inevitable were possessed by the government at the time of the misconduct; and (3) prior to the unlawful search the government also was actively pursuing some alternative line of investigation.”

   1 later decision quote this exact passage
   e.g. State v. Mastella L. Jackson

2. “a mechanism of balancing the accused's right to present a defense against the State's interest in excluding evidence that... is no more than marginally relevant, of extremely limited probative value, and likely to confuse the jury and waste the jury's time.”

   1 later decision quote this exact passage
   e.g. State v. General Grant Wilson

3. “If additional jurors have been selected . . . and the number remains more than required at final submission of the cause, the court shall determine by lot which jurors shall not participate in deliberations and discharge them.”

   1 later decision quote this exact passage
   e.g. State v. Robert Daris Spencer