Witt v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In construing a statute, "the initial step in arriving at a correct interpretation . . . is an inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection." Parker Land & Cattle Co. [v. Wyoming Game & Fish Comm'n], 845 P.2d [1040] at 1042 [(Wyo.1993)] ( quoting Rasmussen v. Baker, 7 Wyo. 117, 133 , 50 P. 819, 823 (1897)). If the statute's language is clear and unambiguous, we apply its plain meaning and need not consult the numerous rules of statutory construction. Houghton v. Franscell, 870 P.2d 1050, 1054 (Wyo.1994); Parker Land & Cattle Co., 845 P.2d at 1043.”

   3 later decisions quote this exact passage
   e.g. State ex rel. Wyoming Workers' Compensation Division v. Bergeron · Nelson v. State

2. “Statements made by the defendant to law enforcement officers may be considered by you only if you first determine that such statements were made voluntarily, in whole or in part. Statements are made voluntarily if they are the product of a free and deliberate choice rather than by intimidation or coercion, or in reliance upon an express or implied promise of special favor, leniency, or' benefit. The fact that the defendant was advised of his constitutional rights, the conduct of the officers during the interview, the apparent intelligence of the defendant, his age and experience with the law enforcement are but a few of the factors you are to consider as part of the totality of the circumstances under which the statement was made. In making this determination you must view these factors as a reasonable person would view them. If you find the statement is not voluntary, you must not consider it as evidence against the defendant. If you find it is voluntary in whole or in part, you must consider only that part of the statement which you find to have been voluntary.”

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

3. “Admission of expert testimony regarding the battered woman syndrome does not establish a new defense or justification. It is to assist the trier of fact to determine whether the defendant acted out of an honest belief that she is in imminent danger of death or great bodily harm and that the use of such force was her only means of escape.”

   1 later decision quote this exact passage
   e.g. 228 W. Va. 406 - State v. Stewart