Miller v. State’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The difficulty of impressing upon the record a true concept of the public sentiment in the county is manifest. Just as the trial judge is in a better position to weigh the testimony of witnesses who appear before him, so is he in a better position to judge of the public sentiment of the county. He is on the ground and in a position to sense, in a way that this court cannot, the true sentiment of the community and to judge much more correctly whether it is such as to prevent a fair trial on the part of the defendants.””

   3 later decisions quote this exact passage
   e.g. 41 Wis. 2d 757 - State v. Herrington · 45 Wis. 2d 20 - State v. Kramer

2. ““ ‘The apparent difficulty or ease of securing a jury can be taken into account in passing upon the alleged abuse of discretion in refusing a change of venue.’ ” Miller v. State (1967), 35 Wis. 2d 777, 785, 786 , 151 N. W. 2d 688 , quoting from Bianchi v. State (1919), 169 Wis. 75, 93 , 171 N. W. 639 .”

   2 later decisions quote this exact passage
   e.g. 41 Wis. 2d 757 - State v. Herrington · 62 Wis. 2d 577 - State Ex Rel. Hussong v. Froelich

3. ““A motion for change of venue because of community prejudice is addressed to the discretion of the trial court. Sec. 956.08 (3), Stats. This court will not interfere unless an abuse of discretion is demonstrated. Miller v. State (1967), 35 Wis. 2d 777 , 151 N. W. 2d 688 ; State v. Nutley (1964), 24 Wis. 2d 527 , 129 N. W. 2d 155 , certiorari denied, 380 U. S. 918 , 85 Sup. Ct. 912, 13 L. Ed. 2d 803 ; Schroeder v. State (1936), 222 Wis. 251 , 267 N. W. 899 ; State v. Smith (1930), 201 Wis. 8 , 229 N. W. 51 ; Krueger v. State (1920), 171 Wis. 566 , 177 N. W. 917 .””

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