test of harmless error (Wisconsin) · Go Syfert
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test of harmless error in Wisconsin

22 Wisconsin opinions name it 2 courts 1973–2023 1 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 (5)

CaseFollowedCited
Harrington v. Californiared
scotus · 1969 · cited in 9 Wisconsin opinions naming this issue, 1973–1987
2 sentences

1987See Harrington v. California, 395 U.S. 250 , 89 Sup. Ct. 1726, 23 L.

1987In arriving at this formulation of the test, the Wold court relied on three United States Supreme Court cases: Fahy v. Connecticut, 375 U.S. 85 (1963); Chapman v. California, 386 U.S. 18 (1967); and, Harrington v. California, 395 U.S. 250 (1969).

99
Wold v. Stategreen
wis · 1973 · cited in 18 Wisconsin opinions naming this issue, 1973–2002
2 sentences

2002Gavigan in turn had quoted Wold, 57 Wis. 2d at 356 , as follows: The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the inadmissible evidence, which would convict the defendant beyond a reasonable doubt.

2002Gavigan in turn had quoted Wold, 57 Wis. 2d at 356 , as follows: The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the *355 inadmissible evidence, which would convict the defendant beyond a reasonable doubt.

318
State v. Gavigangreen
wis · 1983 · cited in 2 Wisconsin opinions naming this issue, 1987–2002
2 sentences

1987Claiming that the majority misapplied the Wold test, Justice Heffernan stated: "[t]his court in Wold clearly applied the test of harmless error in respect to its effect upon a jury and did not confine its scrutiny solely to the effect that the untainted evidence would have as regarded solely from the viewpoint of an appellate court." 111 Wis. 2d at 174, n. 2 .

1987Claiming that the majority misapplied the Wold test, Justice Heffernan stated: "[t]his court in Wold clearly applied the test of harmless error in respect to its effect upon a jury and did not confine its scrutiny solely to the effect that the untainted evidence would have as regarded solely from the viewpoint of an appellate court.” 111 Wis. 2d at 174, n. 2 .

12
Novitzke v. Stategreen
wis · 1979 · cited in 2 Wisconsin opinions naming this issue, 1980–1985
2 sentences

1980The test for harmless error of nonconstitutional dimensions was recently stated in Novitzke v. State, 92 Wis.2d 302, 308 , 284 N.W.2d 904, 907-08 (1979), quoting Wold v. State, 57 Wis.2d 344, 356 , 204 N.W.2d 482, 490 (1973) : “The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the inadmissible evidence, which would convict the defendant beyond a reasonable doubt.

1980The test for harmless error of nonconstitutional dimensions was recently stated in Novitzke v. State, 92 Wis.2d 302, 308 , 284 N.W.2d 904, 907-08 (1979), quoting Wold v. State, 57 Wis.2d 344, 356 , 204 N.W.2d 482, 490 (1973) : “The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the inadmissible evidence, which would convict the defendant beyond a reasonable doubt.

12
Hart v. Stategreen
wis · 1977 · cited in 1 Wisconsin opinions naming this issue, 1980–1980
2 sentences

1980This test is based on reasonable probabilities." (Citation omitted.) The test has also been formulated in these terms: "Errors committed at trial should not overturn the conviction *372 unless it appears the result might probably have been more favorable to the party complaining had the error not occurred." Hart v. State, 75 Wis.2d 371, 394 , 249 N.W.2d 810, 820 (1977).

1980This test is based on reasonable probabilities.” (Citation omitted.) The test has also been formulated in these terms: “Errors committed at trial should not overturn the convic tion unless it appears the result might probably have been more favorable to the party complaining had the error not occurred.” Hart v. State, 75 Wis.2d 871 , 394, 249 N.W.2d 810, 820 (1977).

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 (7)

CaseCitedYears
Chapman v. California red
scotus · 1967
2 sentences

1974“The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the inadmissible evidence, which would convict the defendant beyond a reasonable doubt.” Wold v. State (1973), 57 Wis. 2d 344, 356 , 204 N. W. 2d 482 . *767 The defendant argues that this test is incomplete under Chapman v. California (1967), 386 U. S. 18 , 87 Sup. Ct. 824, 17 L.

1974“The test of harmless error is not whether some harm has resulted, but, rather, whether the appellate court in its independent determination can conclude there is sufficient evidence, other than and uninfluenced by the inadmissible evidence, which would convict the defendant beyond a reasonable doubt.” Wold v. State (1973), 57 Wis. 2d 344, 356 , 204 N. W. 2d 482 . *767 The defendant argues that this test is incomplete under Chapman v. California (1967), 386 U. S. 18 , 87 Sup. Ct. 824, 17 L.

21974–1987
State v. Dyess green
wis · 1985
2 sentences

2023If it did, reversal and a new trial must result.” State v. Dyess, 124 Wis. 2d 525, 543 , 370 N.W.2d 222 (1985).

2023If it did, reversal and a new trial must result.” State v. Dyess, 124 Wis. 2d 525, 543 , 370 N.W.2d 222 (1985).

12023–2023
Fahy v. Connecticut green
scotus · 1963
2 sentences

1987In arriving at this formulation of the test, the Wold court relied on three United States Supreme Court cases: Fahy v. Connecticut, 375 U.S. 85 (1963); Chapman v. California, 386 U.S. 18 (1967); and, Harrington v. California, 395 U.S. 250 (1969).

1987In arriving at this formulation of the test, the Wold court relied on three United States Supreme Court cases: Fahy v. Connecticut, 375 U.S. 85 (1963); Chapman v. California, 386 U.S. 18 (1967); and, Harrington v. California, 395 U.S. 250 (1969).

11987–1987
Kelly v. State green
wis · 1977
2 sentences

1985Now, the court is focusing as the same author did in Kelly v. State, 75 Wis. 2d 303, 321 , 249 N.W.2d 800 (1977) (concurring opinion) as follows: “The Wold rule gives no recourse against errors which may well have a substantial impact upon the jury’s finding of guilt.” Supposedly now the focus is on the error, not on the other evidence of guilt.

1985Now, the court is focusing as the same author did in Kelly v. State, 75 Wis. 2d 303, 321 , 249 N.W.2d 800 (1977) (concurring opinion) as follows: “The Wold rule gives no recourse against errors which may well have a substantial impact upon the jury’s finding of guilt.” Supposedly now the focus is on the error, not on the other evidence of guilt.

11985–1985
State v. Cartagena green
wis · 1981
2 sentences

1985State v. Cartagena, 99 Wis. 2d 657, 671 , 299 N.W.2d 872 (1981); Barrera v. State, 99 Wis. 2d 269, 295 , 298 N.W.2d 820 (1980); Pohl v. State, 96 Wis. 2d 290, 312 , 291 N.W.2d 554 (1980); and Novitzke v. State, 92 Wis. 2d 302, 308 , 284 N.W.2d 904 (1979), were all non-constitutional error cases in which this court concluded that the proper test was whether there was a reasonable possibility that the error con tributed to the conviction.

1985State v. Cartagena, 99 Wis. 2d 657, 671 , 299 N.W.2d 872 (1981); Barrera v. State, 99 Wis. 2d 269, 295 , 298 N.W.2d 820 (1980); Pohl v. State, 96 Wis. 2d 290, 312 , 291 N.W.2d 554 (1980); and Novitzke v. State, 92 Wis. 2d 302, 308 , 284 N.W.2d 904 (1979), were all non-constitutional error cases in which this court concluded that the proper test was whether there was a reasonable possibility that the error con tributed to the conviction.

11985–1985
Pohl v. State green
wis · 1980
2 sentences

1985State v. Cartagena, 99 Wis. 2d 657, 671 , 299 N.W.2d 872 (1981); Barrera v. State, 99 Wis. 2d 269, 295 , 298 N.W.2d 820 (1980); Pohl v. State, 96 Wis. 2d 290, 312 , 291 N.W.2d 554 (1980); and Novitzke v. State, 92 Wis. 2d 302, 308 , 284 N.W.2d 904 (1979), were all non-constitutional error cases in which this court concluded that the proper test was whether there was a reasonable possibility that the error con tributed to the conviction.

1985State v. Cartagena, 99 Wis. 2d 657, 671 , 299 N.W.2d 872 (1981); Barrera v. State, 99 Wis. 2d 269, 295 , 298 N.W.2d 820 (1980); Pohl v. State, 96 Wis. 2d 290, 312 , 291 N.W.2d 554 (1980); and Novitzke v. State, 92 Wis. 2d 302, 308 , 284 N.W.2d 904 (1979), were all non-constitutional error cases in which this court concluded that the proper test was whether there was a reasonable possibility that the error con tributed to the conviction.

11985–1985
Barrera v. State green
wis · 1980
2 sentences

1985State v. Cartagena, 99 Wis. 2d 657, 671 , 299 N.W.2d 872 (1981); Barrera v. State, 99 Wis. 2d 269, 295 , 298 N.W.2d 820 (1980); Pohl v. State, 96 Wis. 2d 290, 312 , 291 N.W.2d 554 (1980); and Novitzke v. State, 92 Wis. 2d 302, 308 , 284 N.W.2d 904 (1979), were all non-constitutional error cases in which this court concluded that the proper test was whether there was a reasonable possibility that the error con tributed to the conviction.

1985State v. Cartagena, 99 Wis. 2d 657, 671 , 299 N.W.2d 872 (1981); Barrera v. State, 99 Wis. 2d 269, 295 , 298 N.W.2d 820 (1980); Pohl v. State, 96 Wis. 2d 290, 312 , 291 N.W.2d 554 (1980); and Novitzke v. State, 92 Wis. 2d 302, 308 , 284 N.W.2d 904 (1979), were all non-constitutional error cases in which this court concluded that the proper test was whether there was a reasonable possibility that the error con tributed to the conviction.

11985–1985

Statutes the citing opinions construe

WI § Wis. Stat. § 971.23 (6) WI § Wis. Stat. § 904.03 (5) WI § Wis. Stat. § 904.04 (4) WI § Wis. Stat. § 805.18 (3) WI § Wis. Stat. § 901.06 (3)

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.

Where else courts name it

WI 22 (1973–2023) CA 9 (1965–2022) MD 8 (1982–2015) FL 6 (1983–2012) NC 5 (1972–1979) LA 2 (1987–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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