357 Wis. 2d 582 - State v. Smith’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “and ineffective assistance claims, the appropriate remedy for those claims is a retrospective competency hearing to determine whether Smith was competent at the time of trial and sentencing. Of course, Smith already has been afforded a retrospective competency hearing by the postconviction court that determined Smith was competent at the time of trial and sentencing. Consequently, Smith has been afforded the available relief under his”

   1 later decision quote this exact passage
   e.g. State v. Jimmie Lee Smith

2. “'The [postconviction] court's determination of whether there is reason to doubt the defendant's competence and order an examination is disturbed on appeal only if the [postconviction] court exhibited an erroneous exercise of discretion or if the [postconviction] court decision was clearly erroneous.'”

   1 later decision quote this exact passage
   e.g. State v. Jimmie Lee Smith

3. “A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

   1 later decision quote this exact passage
   e.g. State v. Jimmie Lee Smith