55 Wis. 2d 144 - Johnson v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The burden of proof is upon the state to prove every essential element of the crime charged beyond reasonable doubt. The test is not whether this court or any of the members thereof are convinced [of the defendant's guilt] beyond reasonable doubt, but whether this court can conclude the trier of facts could, acting reasonably, be so convinced by evidence it had a right to believe and accept as true . . .. The credibility of the witnesses and the weight of the evidence is for the trier of fact. In reviewing the evidence to challenge a finding of fact, we view the evidence in the light most favorable to the finding. Reasonable inferences drawn from the evidence can support a finding of fact and, if more than one reasonable inference can be drawn from the evidence, the inference which supports the finding is the one that must be adopted . . ..'”

   3 later decisions quote this exact passage
   e.g. State v. Watkins · 352 Wis. 2d 329 - State v. Darryl J. Badzinski

2. ““. . . Defendant acknowledges that each and every element of a crime may be proved by circumstantial evidence but contends that the evidence must be such as to exclude every reasonable hypothesis consistent with the defendant’s innocence. While this is the standard that must be applied by the trier of fact, it is not the test on appeal. In State v. Lindsey (1972), 53 Wis. 2d 759, 768 , 193 N. W. 2d 699 , this court stated: “ ‘. . . On appeal, this court is not concerned with the evidence which might support other theories of the crime, it is concerned only with ascertaining whether the trier of fact could, acting reasonably, exclude these other theories and make findings supporting the guilt of a defendant.’”

   1 later decision quote this exact passage
   e.g. 66 Wis. 2d 611 - Galarza v. State

3. ““. . • The test of the sufficiency of the evidence on a motion to dismiss in the trial court is the same as that on appeal. It is whether, considering the state’s evidence in the most favorable light, the evidence adduced, believed and rationally considered, is sufficient to prove the defendant’s guilt beyond a reasonable doubt. . . .””

   1 later decision quote this exact passage
   e.g. 76 Wis. 2d 514 - Bere v. State