49 Wis. 2d 565 - State v. DiMaggio’s Empirical Analysis
1971
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently June 2008 · most notably State v. Dubose (2005), 74 Wis. 2d 647 - State v. Tarrell (1976)
42 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 Terry v. Ohio · Wong Sun v. United States · United States v. Wade · Brinegar v. United States · Beck v. State of Ohio
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If it appears during the course of the trial that a good deal of evidence applicable to only one defendant is being developed, the trial judge has an option. He may order a severance at that time ... or the court may elect to give the jury a cautionary instruction to the effect that evidence against one may not be treated as evidence against all, simply because they are being tried together.” (at 577)”
3 later decisions quote this exact passage““There are, of course, circumstances where a joint trial would be unduly prejudicial to the interests of either or both of the defendants; and in that case the interests of administrative efficiency must yield to the mandates of due process. Such circumstances are found where the defendants intend to advance conflicting or antagonistic defenses. . . . Severance may also be required when: “ ‘. . . there would be presented at the trial “an entire line of evidence relevant to the liability of only one defendant.” . . Cullen v. State (1965), 26 Wis. 2d 652, 656 , 133 N. W. 2d 284 .” State v. DiMaggio (1971), 49 Wis. 2d 565, 576, 577 , 182 N. W. 2d 466 , certiorari denied, 404 U. S. 838 , 92 Sup. Ct. 127, 30 L. Ed. 2d 70 . See also: Lampkins v. State (1971), 51 Wis. 2d 564, 572 , 187 N. W. 2d 164 .”
1 later decision quote this exact passage“deliberately furtive actions and flight at the approach of strangers or law officers are strong indicia of mens rea, and when coupled with specific knowledge on the part of the officer relating the suspect to the evidence of crime, they are proper factors to be considered in the decision to make an arrest.”
1 later decision quote this exact passage
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.