73 Wis. 2d 590 - Lambert v. State’s Empirical Analysis
1976
Citation profile
41 state decisions
How this case has been cited
Cited by 47 later decisions — most recently May 1991 · most notably 144 Wis. 2d 388 - State v. Schumacher (1988), 83 Wis. 2d 406 - Murray v. Holiday Rambler, Inc. (1978)
41 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 Smith v. People of the State of California · 49 Wis. 2d 263 - McCleary v. State · 34 Wis. 2d 278 - Whitty v. State · 53 Wis. 2d 751 - Champlain v. State · 70 Wis. 2d 22 - Peters 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘. . . the failure to specifically allege a material element of the crime within the factual statement contained in the information does not ipso facto render the information void, if the statute which contains the substantive elements of the offense is cited therein. The statutory cite is incorporated, the defendant is adequately apprised of the nature and substance of the charge, and thus is not prejudiced by the omission from the factual statement of a substantive element of the alleged violation.’ [Schleiss v. State, 71 Wis.2d 733, 738 , 239 N.W.2d 68 (1976).] “The similar cases of Clark v. State (1974), 62 Wis.2d 194, 199, 200 , 214 N.W.2d 450 ; State v. Nowakowski (1975), 67 Wis.2d 545 , 227 N.W.2d 697 ; and State v. Bachmeyer (1945), 247 Wis. 294 , 19 N.W.2d 261 , were cited and relied upon, with the observation that in all of these as well as in Sehleiss there was no evidence that the defense had been prejudiced in any way by the failure of the information to set forth every element of the crime.” Lambert v. State, 73 Wis.2d 590, 602 , 243 N.W.2d 524 (1976).”
1 later decision quote this exact passage““In civil fraud, a plaintiff is barred from recovery if he has failed to exercise ordinary care in discovering obviously fraudulent representations of the defendant. Williams v. Rank & Son Buick, Inc. (1969), 44 Wis.2d 239, 245, 246 , 170 N.W.2d 807 . In a criminal fraud prosecution, however, the negligence of the victim is not relevant to the defendant’s guilt, although it is, of course, a necessary element of the crime that the false representation does, in fact, deceive the victim.” (Citations omitted.) Id. at 608.”
1 later decision quote this exact passage“In abolishing the action for breach of contract to marry, it is apparent that the legislature intended to abolish only the common- law suit for damages based on the emotional harm caused by the breach.”
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.