State v. Avery’s Empirical Analysis

2013

Citation profile

cited by 60 later decisions

states following

September 2023

most recently cited

60 state decisions

Relationships

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington · Kyles v. Whitley · 208 Wis. 2d 166 - In RE MARRIAGE OF COOK v. Cook · 92 Wis. 2d 797 - State v. MacHner · 185 Wis. 2d 168 - State v. Escalona-Naranjo

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

“(1) the evidence was discovered after conviction; (2) the defendant was not negligent in seeking the evidence; (3) the evidence is material to an issue in the case; and (4) the evidence is not merely cumulative.”
5 later decisions quote this exact passage
e.g. 386 Wis. 2d 628 - State v. Shannon · 386 Wis. 2d 630 - State v. Wilson
“If the defendant is able to make this showing, then the circuit court must determine whether a reasonable probability exists that a different result would be reached in a trial.”
4 later decisions quote this exact passage
e.g. 380 Wis. 2d 684 - State v. David McAlister, Sr. · 386 Wis. 2d 629 - State v. Amonoo
“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.”
4 later decisions quote this exact passage · from the dissent
e.g. 382 Wis. 2d 414 - State v. Joseph T. Langlois · 384 Wis. 2d 631 - Wilhelm v. McCoy Contractors, Inc.

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.