83 Wis. 2d 472 - Lofton v. State’s Empirical Analysis

Citation profile

2 federal appellate · 43 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(3) INSTRUCTING THE JURY. Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge shall give an instruction that the law declares that the jury may regard the basic facts as sufficient evidence of the presumed fact but does not require it to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge shall instruct the jury that its existence must, on all the evidence, be proved beyond a reasonable doubt.”

   2 later decisions quote this exact passage
   e.g. 94 Wis. 2d 450 - Muller v. State · 91 Wis. 2d 595 - Genova v. State

2. ““Intent to -must be found as a fact before you can find the defendant guilty of -. You cannot look into a person’s mind to find out his/her intent. You may determine such intent directly or indirectly from all the facts in evidence concerning this offense. You may consider any statements or conduct of the defendant which indicate his/her state of mind. You may find intent to-from such statements or conduct. You are the sole judges of the facts and you must not find the defendant guilty unless you are satisfied beyond a reasonable doubt that the defendant intended to-.””

   1 later decision quote this exact passage
   e.g. 85 Wis. 2d 722 - Cranmore v. State

3. “when there are no circumstances to prevent or rebut the presumption,”

   1 later decision quote this exact passage
   e.g. 94 Wis. 2d 450 - Muller v. State