Lessard v. Schmidt’s Empirical Analysis

Citation profile

14 federal appellate · 7 district · 36 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] balancing test in which the state must bear the burden of proving that there is an extreme likelihood that if the person is not confined he will do immediate harm to himself or others. Although attempts to predict future conduct are always difficult, and confinement based upon such a prediction must always be viewed with suspicion, we believe civil confinement can be justified in some cases if the proper burden of proof is satisfied and dangerousness is based upon a finding of a recent overt act, attempt or threat to do substantial harm to oneself or another.”

   3 later decisions quote this exact passage
   e.g. 221 Wis. 2d 275 - State v. Kienitz · Warren v. Harvey

2. “'mental illness and imminent dangerousness to self or others beyond a reasonable doubt' based at minimum upon a recent act, attempt or threat to do substantial harm.”

   3 later decisions quote this exact passage
   e.g. 221 Wis. 2d 275 - State v. Kienitz · 227 Wis. 2d 389 - State v. Curiel