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← 55 Wis. 2d 304 - State v. Smith

55 Wis. 2d 304 - State v. Smith’s Empirical Analysis

1972

Citation profile

37
cited by 37 later decisions
6
states following
January 2013
most recently cited

35 state decisions

How this case has been cited

Cited by 37 later decisions — most recently January 2013 · most notably 100 Wis. 2d 452 - Hagenkord v. State (1981), Kathleen Braun v. Barbara Powell (2000)

35 state decisions

17019721980199020002010decided

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 Blockburger v. United States · 49 Wis. 2d 246 - State v. Melvin · 54 Wis. 2d 370 - Peterson v. State · 40 Wis. 2d 95 - Holesome v. State · 50 Wis. 2d 79 - Claybrooks v. State

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

  1. ““[T]hese cases do not support that proposition ... In short, the test for a lesser included offense is not the peculiar nature of a single defendant’s crime, rather it is whether the lesser offense is statutorily within the greater.” (Emphasis supplied.) Smith, supra at 310 .”
    2 later decisions quote this exact passage
    e.g. State v. Lovelace · 100 Wis. 2d 452 - Hagenkord v. State
  2. ““94-0.23 Injury by conduct regardless of life. Whoever causes great bodily harm to another human being by conduct imminently dangerous to another and evincing a depraved mind, regardless of human life, may be imprisoned not more than 10 years.””
    1 later decision quote this exact passage
    e.g. 83 Wis. 2d 630 - Randolph v. State
  3. ““. . . armed robbery would become a lesser included offense of homicide when a death was involved in an armed robbery and pointing a firearm would be a lesser included offense of rape should the assailant choose to use such a weapon. . . .””
    1 later decision quote this exact passage
    e.g. 83 Wis. 2d 630 - Randolph v. State

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.