21 Wisconsin opinions name it 2 courts 1885–2024 3 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.
| Case | Followed | Cited |
|---|---|---|
Newhouse Ex Rel. Skow v. Citizens Security Mutual Insurancegreen2 sentences2019See also Newhouse , 176 Wis. 2d at 837 , 501 N.W.2d 1 ("[W]here an insurer wrongfully refuses to defend on the grounds that the claim against the insured is not within the coverage of the policy, the insurer is guilty of a breach of contract which renders it liable to the insured for all damages that naturally flow from the breach."). ¶47 As we have explained above, Steadfast had rights of contractual subrogation based on its payment to MMSD. 2019See also Newhouse , 176 Wis. 2d at 837 , 501 N.W.2d 1 ("[W]here an insurer wrongfully refuses to defend on the grounds that the claim against the insured is not within the coverage of the policy, the insurer is guilty of a breach of contract which renders it liable to the insured for all damages that naturally flow from the breach."). ¶47 As we have explained above, Steadfast had rights of contractual subrogation based on its payment to MMSD. | 3 | 3 |
McCarten v. Connecticut Co.green2 sentences1999In Nolan v. Venus Motors, Inc., 64 Wis. 2d 215, 223-24 , 218 N.W.2d 507 (1974), Chief Justice Hallows quoted from Brown v. Woolverton, 121 So. 404, 406 (Ala. 1928): "[A]t common law the grounds for challenge were classified under four heads.. .(4) challenges propter delictum are for some misdemeanor or crime which affects the juror's credit and renders him infamous, as for conviction of *852 treason, felony, perjury, or conspiracy." See also McCarten v. Connecticut Co., 131 A. 505, 508 (Conn. 1925), where the court noted that at common law a challenge would lie "for want of qualifications, as 1974A challenge propter af-fectum is of two kinds: a challenge to the favor and for principal cause.’ ” The distinction is well stated in McCarten v. Connecticut Co. (1925), 103 Conn. 537, 542 , 131 Atl. 505, 508 , where it was said: “At common law, a challenge to the polls, as distinguished from a challenge to the array, would lie for want of qualifications, as for alienage or infancy, or a prior conviction for certain infamous crimes, as well as for bias or prejudice. | 1 | 2 |
Brown v. Woolvertongreen2 sentences1999In Nolan v. Venus Motors, Inc., 64 Wis. 2d 215, 223-24 , 218 N.W.2d 507 (1974), Chief Justice Hallows quoted from Brown v. Woolverton, 121 So. 404, 406 (Ala. 1928): "[A]t common law the grounds for challenge were classified under four heads.. .(4) challenges propter delictum are for some misdemeanor or crime which affects the juror's credit and renders him infamous, as for conviction of *852 treason, felony, perjury, or conspiracy." See also McCarten v. Connecticut Co., 131 A. 505, 508 (Conn. 1925), where the court noted that at common law a challenge would lie "for want of qualifications, as 1974The argument proceeds upon a distinction made at common law between challenges for principal cause and for favor which is illustrated by Brown v. Woolverton (Ala. 1928), 121 So. 404 , 406: “ ‘At common law the grounds for challenge were classified under four heads, as follows: (1) propter honoris respectum; as, if a lord of Parliament be impaneled on a jury, he may be challenged by either party, or he may challenge himself; (2) propter defectum; as if a juryman be an alien born, this is defect of birth; (3) propter affectum, as for suspicion of bias or partiality —this may be either principal | 1 | 2 |
In Re Termination of Parental Rights to Alexandergreen1 sentence2024See Steven V. v. Kelley H., 2004 WI 47, ¶24 , 271 Wis. 2d 1 , 678 N.W.2d 856 . 21 No. 2022AP2085 that time, because trial counsel informed her that she did not have a strong grounds defense (which S.A.J. concedes is an accurate assessment), and because the parties negotiated an agreement to give S.A.J. additional time to prepare for the ensuing disposition hearing, where, according to trial counsel, S.A.J. would have a stronger defense.13 S.A.J. does not identify any evidence linking trial counsel’s alleged deficiencies to her decision to plead no contest. | 1 | 1 |
Steven v. v. Kelley H.green2 sentences2024See Steven V. v. Kelley H., 2004 WI 47, ¶24 , 271 Wis. 2d 1 , 678 N.W.2d 856 . 21 No. 2022AP2085 that time, because trial counsel informed her that she did not have a strong grounds defense (which S.A.J. concedes is an accurate assessment), and because the parties negotiated an agreement to give S.A.J. additional time to prepare for the ensuing disposition hearing, where, according to trial counsel, S.A.J. would have a stronger defense.13 S.A.J. does not identify any evidence linking trial counsel’s alleged deficiencies to her decision to plead no contest. 2024See Steven V. v. Kelley H., 2004 WI 47, ¶24 , 271 Wis. 2d 1 , 678 N.W.2d 856 . 21 No. 2022AP2085 that time, because trial counsel informed her that she did not have a strong grounds defense (which S.A.J. concedes is an accurate assessment), and because the parties negotiated an agreement to give S.A.J. additional time to prepare for the ensuing disposition hearing, where, according to trial counsel, S.A.J. would have a stronger defense.13 S.A.J. does not identify any evidence linking trial counsel’s alleged deficiencies to her decision to plead no contest. | 1 | 1 |
Herder Hallmark Consultants, Inc. v. Regnier Consulting Group, Inc.green2 sentences2019See Herder Hallmark Consultants, Inc. v. Regnier Consulting Grp., Inc. , 2004 WI App 134 , ¶16, 275 Wis. 2d 349 , 685 N.W.2d 564 ("Ordinarily, [this court] will not address undeveloped arguments...."). ¶35 In sum, A.V. fails to show that he received ineffective assistance of counsel at the grounds hearing. 2019See Herder Hallmark Consultants, Inc. v. Regnier Consulting Grp., Inc. , 2004 WI App 134 , ¶16, 275 Wis. 2d 349 , 685 N.W.2d 564 ("Ordinarily, [this court] will not address undeveloped arguments...."). ¶35 In sum, A.V. fails to show that he received ineffective assistance of counsel at the grounds hearing. | 1 | 1 |
State v. Trawitzkigreen2 sentences2019See State v. Trawitzki , 2001 WI 77 , ¶¶43-45, 244 Wis. 2d 523 , 628 N.W.2d 801 (the failure to put on cumulative evidence in the form of prior convictions of witnesses did not create a reasonable probability of a different outcome). ¶22 Second, at the grounds hearing, the testimony of both S.D. and A.V. established that A.V. had never made any attempt to contact the child or to inquire about the child with a third party. 2019See State v. Trawitzki , 2001 WI 77 , ¶¶43-45, 244 Wis. 2d 523 , 628 N.W.2d 801 (the failure to put on cumulative evidence in the form of prior convictions of witnesses did not create a reasonable probability of a different outcome). ¶22 Second, at the grounds hearing, the testimony of both S.D. and A.V. established that A.V. had never made any attempt to contact the child or to inquire about the child with a third party. | 1 | 1 |
Wisconsin Transportation Co. v. Great Lakes Casualty Co.green1 sentence2012Co., 241 Wis. at 531 ("Under the terms of the policy in question the defendant was obligated to defend the action. | 1 | 1 |
State v. Geschgreen2 sentences1999See, now, Wis. Stat. § 756.02 (1997-98). 9 State v. Gesch, 167 Wis. 2d 660 , 482 N.W.2d 99 (1992), is the only case in which this court excluded an entire group of persons from serving as jurors. 1999See, now, Wis. Stat. § 756.02 (1997-98). 9 State v. Gesch, 167 Wis. 2d 660 , 482 N.W.2d 99 (1992), is the only case in which this court excluded an entire group of persons from serving as jurors. | 1 | 1 |
Grube v. Daungreen2 sentences1998See Grube, 173 Wis. 2d at 74-75 , 496 N.W.2d at 123 ; Production Stamping, 199 Wis. 2d at 331 n.4, 544 N.W.2d at 588 . 1998See Grube, 173 Wis. 2d at 74-75 , 496 N.W.2d at 123 ; Production Stamping, 199 Wis. 2d at 331 n.4, 544 N.W.2d at 588 . | 1 | 1 |
Thorp Sales Corp. v. Gyuro Grading Co.green2 sentences1993The majority cites Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 438 , 331 N.W.2d 342 (1983) as authority for the following general rule: "[W]here an insurer wrongfully refuses to defend on the grounds that the claim against the insured is not within the coverage of the policy, the insurer is guilty of a breach of contract which renders it liable to the insured for all damages that naturally flow from the breach." Majority op. at 837. 1993The majority cites Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 438 , 331 N.W.2d 342 (1983) as authority for the following general rule: "[W]here an insurer wrongfully refuses to defend on the grounds that the claim against the insured is not within the coverage of the policy, the insurer is guilty of a breach of contract which renders it liable to the insured for all damages that naturally flow from the breach." Majority op. at 837. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Calero v. Del Chemical Corp.
green
2 sentences2021Corp., 68 Wis. 2d 487, 497 , 228 N.W.2d 737 (1975) (“The law is clear that the failure to point out with particularity the grounds for error in a motion after verdict constitutes a waiver of such errors.” (citation omitted)). 2021Corp., 68 Wis. 2d 487, 497 , 228 N.W.2d 737 (1975) (“The law is clear that the failure to point out with particularity the grounds for error in a motion after verdict constitutes a waiver of such errors.” (citation omitted)). | 2 | 1982–2021 |
Marinette County v. TAMMY C.
neutral
2 sentences2024The State dismissed these grounds when Sally entered a no-contest plea to the continuing need of protection or services ground. 5 “CHIPS is the commonly used acronym to denote the phrase ‘child in need of protection or services’ as used in the Wisconsin Children’s Code, chapter 48, Stats.” Marinette Cnty. v. Tammy C., 219 Wis. 2d 206 , 208 n.1, 579 N.W.2d 635 (1998). 3 Nos. 2023AP2366 2023AP2367 moved to the dispositional phase of termination of parental rights (TPR) proceedings. ¶4 At the June 1, 2023 hearing, the circuit court was informed that Sally relapsed since the grounds hearing. 2024The State dismissed these grounds when Sally entered a no-contest plea to the continuing need of protection or services ground. 5 “CHIPS is the commonly used acronym to denote the phrase ‘child in need of protection or services’ as used in the Wisconsin Children’s Code, chapter 48, Stats.” Marinette Cnty. v. Tammy C., 219 Wis. 2d 206 , 208 n.1, 579 N.W.2d 635 (1998). 3 Nos. 2023AP2366 2023AP2367 moved to the dispositional phase of termination of parental rights (TPR) proceedings. ¶4 At the June 1, 2023 hearing, the circuit court was informed that Sally relapsed since the grounds hearing. | 1 | 2024–2024 |
Ford Motor Co. v. Lyons
green
1 sentence2021The purpose of this rule is 19 No. 2020AP1931 to “apprise the trial court of the alleged error and give it an opportunity to correct it, thereby avoiding a costly and time consuming appeal.” Ford Motor Co., 137 Wis. 2d at 417 (quoting Calero, 68 Wis. 2d. at 497). | 1 | 2021–2021 |
In Re the Termination of Parental Rights to Marquette S.
green
1 sentence2020In light of the mandate in Bobby G., 301 Wis. 2d 531, ¶6 , we note that if the Department prevails in the grounds hearing, a new disposition hearing would also be necessary. | 1 | 2020–2020 |
State v. Elm
green
2 sentences2019A.V.'s counsel also testified that she did not object to the description of the content of the photos because the circuit court already knew that A.V. had been convicted of possession of child pornography. ¶29 "An appellate court will not second-guess a trial attorney's 'considered selection of trial tactics or the exercise of a professional judgment in the face of alternatives that have been weighed by trial counsel.' A strategic trial decision rationally based on the facts and the law will not support a claim of ineffective assistance of counsel." State v. Elm , 201 Wis. 2d 452 , 464-65, 549 2019A.V.'s counsel also testified that she did not object to the description of the content of the photos because the circuit court already knew that A.V. had been convicted of possession of child pornography. ¶29 "An appellate court will not second-guess a trial attorney's 'considered selection of trial tactics or the exercise of a professional judgment in the face of alternatives that have been weighed by trial counsel.' A strategic trial decision rationally based on the facts and the law will not support a claim of ineffective assistance of counsel." State v. Elm , 201 Wis. 2d 452 , 464-65, 549 | 1 | 2019–2019 |
State ex rel. Gill v. Common Council of Watertown
green
1 sentence2014The questions the voters were asked were those questions necessary to ascertain whether the voter satisfied the qualifications enumerated in the Wisconsin Constitution: "the grounds of challenge to which the sets of questions are adapted, imply only the qualifications required by the constitution; nothing further or different." Cothren, 9 Wis. at 258 . ¶ 149. | 1 | 2014–2014 |
State ex rel. Wood v. Baker
green
1 sentence2014Wood v. Baker, 38 Wis. 71 (1875), the court further clarified the reasoning of Knowlton and Cothren regarding boundaries on regulating the right to vote. | 1 | 2014–2014 |
Luber v. Milwaukee County
green
2 sentences2010In Luber v. Milwaukee County, 47 Wis. 2d 271, 276 , 177 N.W.2d 380 (1970), this court rejected the argument that consequential damages arising from a taking were "to be suffered in legal silence." The court noted that the rule against consequential damages in eminent-domain cases had been attacked on the grounds that the rule ignores the "economic implications of the situation." Id. at 279 (quoting Frank A. Aloi & Arthur Abba Goldberg, A Reexamination of Value, Good Will, and Business Losses in Eminent Domain, 53 Cornell L. 2010In Luber v. Milwaukee County, 47 Wis. 2d 271, 276 , 177 N.W.2d 380 (1970), this court rejected the argument that consequential damages arising from a taking were "to be suffered in legal silence." The court noted that the rule against consequential damages in eminent-domain cases had been attacked on the grounds that the rule ignores the "economic implications of the situation." Id. at 279 (quoting Frank A. Aloi & Arthur Abba Goldberg, A Reexamination of Value, Good Will, and Business Losses in Eminent Domain, 53 Cornell L. | 1 | 2010–2010 |
Hopkins v. Medeiros
green
2 sentences2000Hopkins, 724 N.E.2d at 343 . 2000Hopkins, 724 N.E.2d at 343 . *154 No such statute exists in Wisconsin. | 1 | 2000–2000 |
Nolan v. Venus Ford, Inc.
green
2 sentences1999In Nolan v. Venus Motors, Inc., 64 Wis. 2d 215, 223-24 , 218 N.W.2d 507 (1974), Chief Justice Hallows quoted from Brown v. Woolverton, 121 So. 404, 406 (Ala. 1928): "[A]t common law the grounds for challenge were classified under four heads.. .(4) challenges propter delictum are for some misdemeanor or crime which affects the juror's credit and renders him infamous, as for conviction of *852 treason, felony, perjury, or conspiracy." See also McCarten v. Connecticut Co., 131 A. 505, 508 (Conn. 1925), where the court noted that at common law a challenge would lie "for want of qualifications, as 1999In Nolan v. Venus Motors, Inc., 64 Wis. 2d 215, 223-24 , 218 N.W.2d 507 (1974), Chief Justice Hallows quoted from Brown v. Woolverton, 121 So. 404, 406 (Ala. 1928): "[A]t common law the grounds for challenge were classified under four heads.. .(4) challenges propter delictum are for some misdemeanor or crime which affects the juror's credit and renders him infamous, as for conviction of *852 treason, felony, perjury, or conspiracy." See also McCarten v. Connecticut Co., 131 A. 505, 508 (Conn. 1925), where the court noted that at common law a challenge would lie "for want of qualifications, as | 1 | 1999–1999 |
Production Stamping Corp. v. Maryland Casualty Co.
green
2 sentences1998See Grube, 173 Wis. 2d at 74-75 , 496 N.W.2d at 123 ; Production Stamping, 199 Wis. 2d at 331 n.4, 544 N.W.2d at 588 . 1998See Grube, 173 Wis. 2d at 74-75 , 496 N.W.2d at 123 ; Production Stamping, 199 Wis. 2d at 331 n.4, 544 N.W.2d at 588 . | 1 | 1998–1998 |
Cayo v. City of Milwaukee
green
2 sentences1988Turning first to case law: In Cayo v. Milwaukee, 41 Wis. 2d 643 , 165 N.W.2d 198 (1969), this court undertook to resolve a dispute over an ordinance which afforded a different treatment to city employee reservists who were veterans as opposed to those who were non-veterans. 1988Turning first to case law: In Cayo v. Milwaukee, 41 Wis. 2d 643 , 165 N.W.2d 198 (1969), this court undertook to resolve a dispute over an ordinance which afforded a different treatment to city employee reservists who were veterans as opposed to those who were non-veterans. | 1 | 1988–1988 |
Coughlin v. People
green
2 sentences1974Bacon Abridgment, Juries, (E) 1; Chitty, Criminal Law, Vol. 1, p. 536; 1 Swift’s Digest, s. p. 737; State v. Howard, 17 *225 N. H. 171, 191; Coughlin v. The People, 144 Ill. 140, 164 , 33 N. E. 1 .” Thus it is contended a challenge for Mas or prejudice which might be classified as a challenge for principal cause need not be proved whereas challenges for favor must be backed up with positive proof of same. 1974Bacon Abridgment, Juries, (E) 1; Chitty, Criminal Law, Vol. 1, p. 536; 1 Swift’s Digest, s. p. 737; State v. Howard, 17 *225 N. H. 171, 191; Coughlin v. The People, 144 Ill. 140, 164 , 33 N. E. 1 .” Thus it is contended a challenge for Mas or prejudice which might be classified as a challenge for principal cause need not be proved whereas challenges for favor must be backed up with positive proof of same. | 1 | 1974–1974 |
Kobelinski v. Milwaukee & Suburban Transport Corp.
green
2 sentences1973Kobelinski v. Milwaukee & Suburban Transport Corp. (1972), 56 Wis. 2d 504, 518 , 202 N. W. 2d 415 ; Wells v. Dairyland Mut. 1973Kobelinski v. Milwaukee & Suburban Transport Corp. (1972), 56 Wis. 2d 504, 518 , 202 N. W. 2d 415 ; Wells v. Dairyland Mut. | 1 | 1973–1973 |
Conkey v. Northern Bank
neutral
1 sentence1905Conkey v. Northern Bank, 6 Wis. 447 . | 1 | 1905–1905 |
Brayton v. Jones
green
1 sentence1885Be this as it may, so far as answers are concerned, this court has referred with approval to the rule stated by the late Chief Justice Dixon in his note to Brayton v. Jones, 5 Wis. 117, 628 , that any amendment of the answer was permissible, provided the facts introduced constitute a defense; and this, though they may be inconsistent with the grounds of defense first stated, or depart from them, or bring in a new and distinct defense. | 1 | 1885–1885 |
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.
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.