State v. Heather L. Steinhardt’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Accordingly, this court concluded in Eisch that conviction for four different counts of "forcible and unconsented sexual intercourse" did not violate double jeopardy because each sexual act was "of a significantly different nature in fact." The defendant in Eisch had vaginal intercourse with the victim, inserted his penis into the victim's anus, inserted a beer bottle into the victim's vagina, and inserted his penis into the victim's mouth. In concluding that no double jeopardy violation existed, this court said, "[I]t is the different nature of the acts which we deem to be of importance." Given the different nature of the acts, it mattered not that all of the acts occurred within the same incident.”

   1 later decision quote this exact passage · from the majority
   e.g. 385 Wis. 2d 514 - State v. Jones

2. “The 'identical in fact' inquiry ... involves a determination of whether the charged acts are 'separated in time or are of a significantly different nature.'”

   1 later decision quote this exact passage · from the majority
   e.g. 385 Wis. 2d 514 - State v. Jones

3. “if the offenses are not identical in law and fact, whether the legislature intended the multiple offenses to be brought as a single count.”

   1 later decision quote this exact passage · from the majority
   e.g. 385 Wis. 2d 514 - State v. Jones