69 Wis. 2d 587 - Gilbertson v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘While the state must prove defendant’s guilt beyond a reasonable doubt, on appeal this court’s review is limited to determining whether the evidence adduced, believed and rationally considered by a jury was sufficient to prove defendant’s guilt beyond a reasonable doubt. Reversal is required only when the evidence considered most favorably to the state and the conviction is so insufficient in probative value and force that it can be said as a matter of law that no trier of facts acting reasonably could be convinced to that degree of certitude which the law defines as beyond a reasonable doubt.’ ” State ex rel. Kanieski v. Gagnon, 54 Wis.2d 108, 113 , 194 N.W.2d 808 (1972) ; Gilbertson v. State, 69 Wis.2d 587, 593 , 230 N.W.2d 874 (1975); See also Jaworski v. State, 74 Wis.2d 134, 138 , 246 N.W.2d 137 (1976) (an attempted rape case, reversed on other grounds).”

   2 later decisions quote this exact passage
   e.g. 85 Wis. 2d 620 - Lhost v. State · 76 Wis. 2d 514 - Bere v. State

2. ““(1) Whoever intentionally enters any of the following places without the consent of the person in lawful possession and with intent to steal or commit a felony therein may be imprisoned not more than 10 years: “ (a) Any building or dwelling; or “(b) An enclosed railroad car; or “(c) An enclosed portion of any ship or vessel; or “(d) A locked enclosed cargo portion of a truck or trailer; or “(e) A room within any of the above. “(2) Whoever violates sub. (1) under any of the following circumstances may be imprisoned not more than 20 years: “(a) While armed with a dangerous weapon; or “(b) While unarmed, but arms himself with a dangerous weapon while still in the burglarized enclosure; or “(c) While in the burglarized enclosure opens, or attempts to open, any depository by use of an explosive; or “(d) While in the burglarized enclosure commits a battery upon a person lawfully therein. “(3) For the purpose of this section, entry into a place during the time when it is open to the general public is with consent.””

   1 later decision quote this exact passage
   e.g. 96 Wis. 2d 81 - Vanlue v. State