76 Wis. 2d 313 - Briggs v. State’s Empirical Analysis

Citation profile

36 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A court looking to the inflammatory nature of the publicity should be primarily concerned with the manner in which the information was presented. Unedito-rialized news of an informational nature may inform possible members of a jury, but this does not necessarily make the information objectionable. News reports become objectionable when they editorialize, amount to "rabble rousing" or attempt to influence public opinion against a defendant.”

   2 later decisions quote this exact passage
   e.g. 277 Wis. 2d 591 - State v. KREUSCHER · State v. Fonte

2. “■ “As the court stated in State v. Bergenthal, 47 Wis.2d 668, 675 , 178 N.W.2d 16 (1970), cert. denied, 402 U.S. 972 . “ ‘The key word in the rule is “reasonable.” The rule does not suggest some near automatic inclusion of all lesser but included offenses as additional options to a jury. Only if “under a different, but reasonable view,” the evidence is sufficient to establish guilt of the lower degree and also leave a reasonable doubt as to some particular element included in the higher degree but not the lower, should the lesser crime also be submitted to the jury. . . . The purpose of multiple verdicts is to cover situations where under different, but reasonable views of the evidence there are grounds either for conviction of the greater or of the lesser offense. The lesser degree verdict is not to be submitted to the jury unless there exists reasonable grounds for conviction of the lesser offense and acquittal on the greater.’ ” Briggs v. State, 76 Wis.2d 313, 333-334 , 251 N.W.2d 12 (1977).”

   1 later decision quote this exact passage
   e.g. 80 Wis. 2d 122 - State v. Mendoza

3. “The inflammatory nature of the publicity; the degree to which the adverse publicity permeated the area from which the jury panel would be drawn; the timing and specificity of the publicity; the degree of care exercised, and the amount of difficulty encountered, in selecting the jury; the extent to which the jurors were familiar with the publicity; and the defendant's utilization of the challenges, both peremptory and for cause, available to him on voir dire.”

   1 later decision quote this exact passage
   e.g. 277 Wis. 2d 591 - State v. KREUSCHER