94 Wis. 2d 288 - State v. Klimas’s Empirical Analysis

Citation profile

2 federal appellate · 11 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t isn’t the question of whether or not the defendant himself was in the heat of passion, but whether all of the circumstances surrounding the events that took place ... were such that would arouse in an individual, an ordinary, reasonable individual, and not the defendant, the heat of passion____ Now, I listened very carefully to the testimony that has been presented here ... and I’m satisfied that as a matter of law and not as a matter of evidence that what took place there was not such as could raise in the mind of any reasonable individual the highest degree of exasperation, rage, anger, sudden resentment or terror.”

   1 later decision quote this exact passage
   e.g. McKinney v. Israel

2. “[a] defendant's failure to raise the issue on direct appeal was not a 'knowing, voluntary and intelligent waiver' within the meaning of the statute, and that he had a 'sufficient reason' for failing to assert them at that time. Moreover, the issues presented on this appeal are issues of significant constitutional magnitude.”

   1 later decision quote this exact passage
   e.g. 185 Wis. 2d 168 - State v. Escalona-Naranjo

3. “extreme state of depression was clearly relevant to disprove the specific intent element of first-degree murder.”

   1 later decision quote this exact passage
   e.g. 195 Wis. 2d 388 - State v. Morgan