O'KELLY v. State’s Empirical Analysis
1980
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 2020 · most notably State v. Foster (1999), State v. Lundstrom (1989)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Bohle · State v. Castrillo · 74 Wis. 2d 503 - Loveday v. State · 41 Wis. 2d 537 - Roberts v. State · State v. Briggs
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f the jury has been instructed on one or more lesser included offenses, and the jury cannot unanimously agree upon any of the offenses submitted, the court shall poll the jury by inquiring as to each degree of the offense upon which the jury has been instructed beginning with the highest degree and, in descending order, inquiring as to each lesser degree until the court has determined at what level of the offense the jury has disagreed.”
1 later decision quote this exact passage · from the majoritye.g. State v. Foster
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.