64 Wis. 2d 485 - Scales v. State’s Empirical Analysis

Citation profile

109 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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The defendant] was under arrest. To say that he was not in custody, either because he was not conscious and did not realize he was arrested or because he was not explicitly told that he .was in custody, is sophistry.”

   3 later decisions quote this exact passage
   e.g. 117 Wis. 2d 277 - State v. Clappes · 210 Wis. 2d 115 - State v. Buck

2. “inhibit the ability of the state to remove drunken drivers from the highway”

   3 later decisions quote this exact passage
   e.g. State v. Marshall · 95 Wis. 2d 614 - County of Milwaukee v. Proegler

3. ““The court in Thomas vacated the sentence and remanded for resentencing because, when the defendant remained silent, ‘ [H] e paid a judicially imposed penalty for exercising his constitutionally guaranteed rights.’ (P. 946) Thomas held that, when the defendant was given the opportunity for allocution following the finding of guilty, the right of appeal remained open to him, and the court, citing numerous United States Supreme Court cases, stated, ‘[A]ppeal is ... an integral part of the trial system for finally adjudicating the guilt or innocence of a defendant.’ (P. 945) Thomas held that a defendant, even after conviction, could not he compelled to pay a price for the retention of his fifth amendment rights. In the instant case, Scales was obliged to pay that price.””

   2 later decisions quote this exact passage
   e.g. 79 Wis. 2d 235 - Williams v. State · 76 Wis. 2d 259 - Holmes v. State