Public-domain · open source
OpenJurist
← 885 SO2D 602 - State v. Wischer

State v. Wischer’s Empirical Analysis

2004

Citation profile

12
cited by 12 later decisions
1
states following
April 2018
most recently cited

12 state decisions

Relationships

Relies on 523 So. 2d 1305 - State v. Mussall · 427 So. 2d 1161 - State v. Freeman · 458 So. 2d 907 - State v. Cheatwood · 491 So. 2d 42 - State v. Barnes · 618 So. 2d 459 - State v. Fluker

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

  1. “[i]n a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable under the circumstances; and, a subjective inquiry into whether the force was apparently necessary.”
    4 later decisions quote this exact passage
  2. “defenses are not based on the nonexistence of any essential element of the offense, but rather on circumstances which make the accused's conduct excusable on policy grounds, such defenses should be treated as affirmative defenses which the accused must establish by the preponderance of evidence. La. Rev.Stat. 14:18; State v. Cheatwood, 458 So.2d 907 (La.1984). * * * As noted by this Court in State v. Fluker, 618 So.2d 459, 462 (La.App. 4 Cir.1993):”
    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.