section 752.35 discretionary authority (Wisconsin) · Go Syfert
← Wisconsin issues

section 752.35 discretionary authority in Wisconsin

6 Wisconsin opinions name it 2 courts 1993–2018 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Vollmer v. Luetygreen
wis · 1990 · cited in 3 Wisconsin opinions naming this issue, 1993–2018
2 sentences

2018Mandujano also seeks reversal "in the interest of justice," arguing that "[f]ailure of a reversal of the circuit court's order will prevent her from trying this case before the court once and for all." We assume Mandujano is referring to our discretionary authority under Wis. Stat. § 752.35 to order a new trial where "it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried." See also Vollmer v. Luety , 156 Wis. 2d 1 , 19-20, 456 N.W.2d 797 (1990).

2018Mandujano also seeks reversal "in the interest of justice," arguing that "[f]ailure of a reversal of the circuit court's order will prevent her from trying this case before the court once and for all." We assume Mandujano is referring to our discretionary authority under Wis. Stat. § 752.35 to order a new trial where "it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried." See also Vollmer v. Luety , 156 Wis. 2d 1 , 19-20, 456 N.W.2d 797 (1990).

13
State v. Johnsongreen
wis · 1989 · cited in 1 Wisconsin opinions naming this issue, 2016–2016
2 sentences

2016See State v. Johnson, 149 Wis. 2d 418, 428-29 , 439 N.W.2d 122 (1989), confirmed on reconsideration, 153 Wis. 2d 121 , 449 N.W.2d 845 (1990).

2016See State v. Johnson, 149 Wis. 2d 418, 428-29 , 439 N.W.2d 122 (1989), confirmed on reconsideration, 153 Wis. 2d 121 , 449 N.W.2d 845 (1990).

11
State v. Johnsongreen
wis · 1990 · cited in 1 Wisconsin opinions naming this issue, 2016–2016
2 sentences

2016See State v. Johnson, 149 Wis. 2d 418, 428-29 , 439 N.W.2d 122 (1989), confirmed on reconsideration, 153 Wis. 2d 121 , 449 N.W.2d 845 (1990).

2016See State v. Johnson, 149 Wis. 2d 418, 428-29 , 439 N.W.2d 122 (1989), confirmed on reconsideration, 153 Wis. 2d 121 , 449 N.W.2d 845 (1990).

11
Camelot Enterprises, Inc. v. Mitropoulosgreen
wisctapp · 1989 · cited in 1 Wisconsin opinions naming this issue, 1995–1995
2 sentences

1995Camelot Enters., Inc. v. Mitropoulos, 151 Wis. 2d 277, 285 , 444 N.W.2d 401, 404 (Ct. App. 1989).

1995Camelot Enters., Inc. v. Mitropoulos, 151 Wis. 2d 277, 285 , 444 N.W.2d 401, 404 (Ct. App. 1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. MacHner green
wis · 1979
2 sentences

2000However, it is clear she attended a function for Harmacek's death that took place at a funeral home. 6 We do not reach the issue of whether this ruling by the circuit court was correct, as it is unnecessary to our decision. 7 See State v. Machner, 92 Wis. 2d 797 , 285 N.W.2d 905 (Ct. App. 1979). 8 Lindell also asks us to reverse his conviction pursuant to our discretionary authority under Wis. Stat. § 752.35 .

2000However, it is clear she attended a function for Harmacek's death that took place at a funeral home. 6 We do not reach the issue of whether this ruling by the circuit court was correct, as it is unnecessary to our decision. 7 See State v. Machner, 92 Wis. 2d 797 , 285 N.W.2d 905 (Ct. App. 1979). 8 Lindell also asks us to reverse his conviction pursuant to our discretionary authority under Wis. Stat. § 752.35 .

12000–2000

Statutes the citing opinions construe

WI § Wis. Stat. § 752.35 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check