72 Wis. 2d 740 - Bergenthal v. State’s Empirical Analysis
1976
Citation profile
8 federal appellate · 18 state decisions
How this case has been cited
Cited by 36 later decisions — most recently July 2013 · most notably 185 Wis. 2d 168 - State v. Escalona-Naranjo (1994), Kathleen Braun v. Barbara Powell (2000)
8 federal appellate · 18 state decisions
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 Brady v. State of Maryland · Richardson v. Hynson, Westcott & Dunning, Inc. · United States v. Unicorn Enterprises, Inc. · 47 Wis. 2d 668 - State v. Bergenthal · 54 Wis. 2d 370 - Peterson 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““974.06 Postconviction procedure. (1) A prisoner in custody under sentence of a court claiming the right to be released upon the ground that the sentence was imposed in violation of the U. S. constitution or the constitution or laws of this state, that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence. “ (3) Unless the motion and the files and records of the action conclusively show that the prisoner is entitled to no relief, the court shall: “ (c) Grant a prompt hearing. “(d) Determine the issues and make findings of fact and conclusions of law. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.””
2 later decisions quote this exact passage“[e]ven though the issue might properly have been raised on appeal, it presents an issue of significant constitutional proportions and, therefore, must be considered in this motion for postconviction relief.”
2 later decisions quote this exact passage“the motion could not be used as a vehicle for a second appeal on grounds already reviewed.”
1 later decision quote this exact passage
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.