61 Wis. 2d 125 - Kemp v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “971.15 Mental responsibility of defendant. (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacked substantial capacity either to appreciate the wrongfulness of his conduct or conform his conduct to the requirements of law. (2) As used in this chapter, the terms "mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (3) Mental disease or defect excluding responsibility is an affirmative defense which the defendant must establish to a reasonable certainty by the greater weight of the credible evidence.”

   2 later decisions quote this exact passage
   e.g. 363 Wis. 2d 658 - State v. Corey R. Kucharski · 142 Wis. 2d 370 - State v. Koput

2. ““Did the Defendant, Roger Sarinske, at the time of the commission of the murder of Paul Paulie on March 3, 1976, have a mental disease so as to lack substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.” The defendant contends that his form of a factual question avoids the possibility of what might be considered inconsistent verdicts by the jury — first a finding of guilty and then a finding of not guilty. He further contends that his suggested form is the correct statement of the burden of proof and the legal standard and that the submitted verdict deprived him of having the correct statement of the issue go to the jury.”

   1 later decision quote this exact passage
   e.g. 91 Wis. 2d 14 - State v. Sarinske

3. “Discretionary reversal. In an appeal to the court of appeals, if it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried, the court may reverse the judgment or order appealed from, regardless of whether the proper motion or objection appears in the record and may direct the entry of the proper judgment or remit the case to the trial court for entry of the proper judgment or for a new trial, and direct the making of such amendments in the pleadings and the adoption of such procedure in that court, not inconsistent with statutes or rules, as are necessary to accomplish the ends of justice.”

   1 later decision quote this exact passage
   e.g. 363 Wis. 2d 658 - State v. Corey R. Kucharski