State v. Wieskamp’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is no evidence in the record that places the victim at the time she was struck other than at a point forty feet west of the intersection. There is no evidence in the record that an approaching motorist would have been able to see a person lying on the roadway until their headlights illuminated the person. There is no evidence in the record to dispute Sgt. Sellars' opinion testimony that a sober person would not have seen the victim `until they were right on top of them.' There is no evidence in the record to indicate that the victim attempted to sit up until just prior to the impact. We find as a matter of law that a sober person driving with reasonable care would have struck and killed the victim in this case.”

   1 later decision quote this exact passage
   e.g. 929 So. 2d 27 - State v. Gensler