State v. Avery’s Empirical Analysis
2011
Citation profile
2
cited by 2 later decisions
1
states following
January 2013
most recently cited
2 state decisions
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · 31 Wis. 2d 110 - Lock v. State · Vollmer v. Luety · 124 Wis. 2d 681 - State v. Wyss · 144 Wis. 2d 388 - State v. Schumacher
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Discretionary reversal. In an appeal in the supreme court, if it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the court may reverse the judgment or order appealed from, regardless of whether the proper motion or objection appears in the record, and may direct the entry of the proper judgment or remit the case to the trial court for the entry of the proper judgment or for a new trial, and direct the making of such amendments in the pleadings and the adoption of such procedure in that court, not inconsistent with statutes or rules, as are necessary to accomplish the ends of justice.”
1 later decision quote this exact passagee.g. State v. Avery“in its analysis, it does have an obligation to analyze why a case is so exceptional to warrant a new trial in the interest of justice. In other words, the court of appeals erroneously exercised its discretion by granting a new trial in the interest of justice without properly analyzing why this was such an exceptional case. The court of appeals' analysis seems to simply restate the interest of justice test:”
1 later decision quote this exact passage · from the majoritye.g. State v. Avery“unlike DNA. ¶ 18. At a hearing on July 1, 2010, the circuit court also denied Avery's request for a new trial in the interest of justice. The circuit court stated that granting a new trial in the interest of justice is done only in exceptional cases. It stated that the photogrammetry evidence did not”
1 later decision quote this exact passage · from the majoritye.g. State v. Avery
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.