40 Wis. 2d 607 - State v. Beal’s Empirical Analysis

Citation profile

2 federal appellate · 34 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant asks that his two-year sentence be reviewed and probation be granted. “The power of an appellate court to review a lawfully imposed sentence is governed by a strong policy against interference with the discretion of the trial court. State v. Rice (1967), 37 Wis. 2d 392, 401 , 155 N. W. 2d 116 ; Nelson v. State (1967), 35 Wis. 2d 797 , 151 N. W. 2d 694 . “The granting of probation is allowed only as prescribed by statute. Sec. 57.01, Stats., provides in part that probation may be granted to a convicted felon if *. . . it appears to the court from his character and the circumstances of the case that he is not likely again to commit crime and that the public welfare does not require that he shall suffer the penalty of the law . . . .’ “Here the trial court not only observed the defendant, but it had the advantage of a presentence investigation which explored the defendant’s background, circumstances and attitude. There is no basis for concluding that the trial court, which after careful deliberation imposed a minimum sentence, abused its discretion in this case.” State v. Beal, supra, page 617.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 49 Wis. 2d 379 - Shavie v. State

2. “`engaged in the often competitive enterprise of ferreting out crime.'”

   1 later decision quote this exact passage
   e.g. State v. Ward