State v. Olsen’s Empirical Analysis
1990
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 2022
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. S.A. Empresa de Viacao Aerea Rio Grandense · 121 Wis. 2d 389 - State v. Dunn · State v. Mitchell · State v. Anderson · 212 Pa. Super. 208 - Commonwealth v. Clowser
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘[RJecHessness requires more than ordinary negligent conduct. Evidence of carelessness, inadvertence or other similar behavior is insufficient to sustain a conviction where reckless conduct is required.’ [Citation omitted.] The focus is on the state of mind of the individual, and whether his conduct is perceived as negligent or reckless depends upon his awareness of the risk his behavior creates].] “... ‘The difference between the terms “recklessly” and “negligently,” as usually defined, is one of kind, rather than of degree. Each actor creates a risk of harm. The reckless actor is aware of the risk and disregards it; the negligent actor is not aware of the risk but should have been aware of it.’ ... ‘It is the concept of conscious disregard that distinguishes recklessness from negligence. The negligent actor fails to perceive a risk that he ought to perceive. The reckless actor perceives or is conscious of the risk, but disregards it.’ [Citation omitted.]” (Emphasis added.) 582 N.W.2d at 18 (quoting State v. Olsen, 462 N.W.2d 474, 476-77 [S.D. 1990]).”
4 later decisions quote this exact passagee.g. State v. Wall · State v. Janklow“(1) If applied to the intent with which an act is done or omitted: [[Image here]] (d) The words “reckless, recklessly” and all derivatives thereof, import a conscious and unjustifiable disregard of a substantial risk that the offender’s conduct may cause a certa in result or may be of a certain nature. A person is reckless with respect to circumstances when he consciously and unjustifiably disregards a substantial risk that such circumstances may exist!.]”
3 later decisions quote this exact passagee.g. State v. Wall · State v. Janklow“Any reckless killing of one human being by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree[.] (Emphasis added.)”
1 later decision quote this exact passagee.g. State v. Wall
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.