86 Wis. 2d 213 - Austin v. State’s Empirical Analysis

Citation profile

32 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “echoed in the familiar Wisconsin rule that 'penal statutes are generally construed strictly to safeguard a defendant's rights.'”

   4 later decisions quote this exact passage
   e.g. 127 Wis. 2d 155 - State v. Tappa · 231 Wis. 2d 245 - State v. Kittilstad

2. ““On July 25, 1975, the defendant smoked marijuana, injected heroin, and drank an undetermined amount of wine and beer. That afternoon he joined a dice game at a local tavern in Racine. Later in the afternoon, Kenny Simmons and Berlyn Funderburg joined the game, and Funderburg began winning consistently. After the defendant found that Funderburg had been playing with loaded dice, he demanded that Funderburg return the money he had lost in the dice game, but Funderburg refused. “The defendant then went to the home of a friend, took a shotgun, and loaded it. He then returned to the site of the dice game. After demanding but not recovering money there, he traced down Funderburg. Funderburg approached defendant’s car. The defendant got out of the car with the shotgun pointed down, and told Funderburg to return the money lost in the dice game. Funderburg took money out of his pocket, and the defendant took it. The defendant then noticed Kenny Simmons, turned and said either ‘You next Kenny boy’ or something to the effect ‘I’m going to blow you away.’ In turning towards Simmons, the defendant either pointed the shotgun upwards or directly at Simmons, and the shotgun discharged. The blast only slightly injured Simmons but killed Willie Wortham, a friend of the defendant’s who happened to be standing near Simmons at the time. Later that night the defendant turned himself in to the police.” Austin v. State, 86 Wis.2d 213, 216-17 , 271 N.W.2d 668 (1978).”

   2 later decisions quote this exact passage
   e.g. Austin v. Israel · State v. Ganal

3. “The statutes cited by the defendant address the situation in which there is only one victim and quite sensibly preclude conviction for both the successful and the attempted murder of the same victim. In such a case, the attempted murder truly is the inchoate form of the murder. It is anomalous to contend that the attempted murder of Simmons is actually the murder of Wortham in choate form. Taking a common sense view, we conclude this argument is without merit.”

   1 later decision quote this exact passage
   e.g. State v. Ganal