need requirement (Wisconsin) · Go Syfert
← Wisconsin issues

need requirement in Wisconsin

18 Wisconsin opinions name it 2 courts 1975–2023 5 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 (6)

CaseFollowedCited
Ascaris Mayo v. Wisconsin Injured Patients and Families Compensation Fundgreen
wis · 2018 · cited in 2 Wisconsin opinions naming this issue, 2023–2023
2 sentences

2023See Mayo, 383 Wis. 2d 1, ¶110 (Ann Walsh Bradley, J., dissenting) ("The decision to overturn a prior case must not be undertaken merely because the composition of the court has changed.") ¶134 Given that the court's membership is all that has changed, it lends credence to the fact that overruling a case so recently decided——in violation of foundational legal principles——is little more than the majority's impermissible 49 No. 2023AP1399-OA.akz exercise of raw judicial power for activist means.

2023See Mayo, 383 Wis. 2d 1, ¶110 (Ann Walsh Bradley, J., dissenting) ("The decision to overturn a prior case must not be undertaken merely because the composition of the court has changed.") ¶134 Given that the court's membership is all that has changed, it lends credence to the fact that overruling a case so recently decided——in violation of foundational legal principles——is little more than the majority's impermissible 49 No. 2023AP1399-OA.akz exercise of raw judicial power for activist means.

22
State v. Headgreen
wis · 2002 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
1 sentence

2020See Head, 255 Wis. 2d 194, ¶88 (“First- degree intentional homicide is mitigated to second-degree intentional homicide if a person intentionally causes a death because of an actual belief that the person is in imminent danger of death or great bodily harm, and an actual belief that the use of deadly force is necessary to defend [himself or] herself, even if both of these beliefs are not reasonable.”). 19 No. 2018AP2318-CR for the jury to decide based on the totality of facts leading up to that moment.

11
Abaly v. Stategreen
wis · 1916 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
2 sentences

2020Id. (citations omitted); see also Abaly v. State, 163 Wis. 609, 612 , 158 N.W. 308 (1916) (holding that a circuit court prejudicially erred in not providing a cautionary instruction to the jury to use great caution when weighing the testimony of an uncorroborated, complaining witness). ¶37 The circuit court examined the evidence corroborating Hilson’s testimony and the “compelling direct and circumstantial evidence of guilt that was presented.” We recite the highlights of that evidence. ¶38 The State’s chief witness was the victim of the shooting, E.B., who identified Coleman to the police pri

2020Id. (citations omitted); see also Abaly v. State, 163 Wis. 609, 612 , 158 N.W. 308 (1916) (holding that a circuit court prejudicially erred in not providing a cautionary instruction to the jury to use great caution when weighing the testimony of an uncorroborated, complaining witness). ¶37 The circuit court examined the evidence corroborating Hilson’s testimony and the “compelling direct and circumstantial evidence of guilt that was presented.” We recite the highlights of that evidence. ¶38 The State’s chief witness was the victim of the shooting, E.B., who identified Coleman to the police pri

11
United States v. Elizabeth Reid, United States of America v. Lucy Boylangreen
ca4 · 1991 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
2 sentences

2004See also Reid, 929 F.2d at 993 ("In Skinner , the Supreme Court reiterated the notion that time is of the essence when there is a need to test alcohol in the body.").

2004See also Reid, 929 F.2d at 993 ("In Skinner , the Supreme Court reiterated the notion that time is of the essence when there is a need to test alcohol in the body.").

11
Cunningham v. Southlake Center for Mental Health, Inc.green
innd · 1989 · cited in 1 Wisconsin opinions naming this issue, 1993–1993
1 sentence

1993Cunningham v. Southlake Center for Mental Health, 125 F.R.D. 474, 477 (N.D.

11
Village of Elmwood Park v. City of Racinegreen
wis · 1966 · cited in 1 Wisconsin opinions naming this issue, 1975–1975
2 sentences

1975Elmwood Park v. Racine (1966), 29 Wis. 2d 400, 412, 413 , 139 N. W. 2d 66 ; Town of Waukechon v. Shawano, supra. In the Town of Waukechon Case, the court indicated that a showing of any reasonable need will satisfy this requirement and the annexation will be upheld without regard for what this court might think is in the best interest of the parties. 14 In the Elmwood Park Case, this court approved the consideration of a number of factors to determine whether the need requirement had been met: (1) A substantial increase in population; (2) a need for additional area for construction of homes, m

1975Elmwood Park v. Racine (1966), 29 Wis. 2d 400, 412, 413 , 139 N. W. 2d 66 ; Town of Waukechon v. Shawano, supra. In the Town of Waukechon Case, the court indicated that a showing of any reasonable need will satisfy this requirement and the annexation will be upheld without regard for what this court might think is in the best interest of the parties. 14 In the Elmwood Park Case, this court approved the consideration of a number of factors to determine whether the need requirement had been met: (1) A substantial increase in population; (2) a need for additional area for construction of homes, m

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 (14)

CaseCitedYears
District of Columbia v. Heller green
scotus · 2008
2 sentences

2021And, as Heller noted, this right extends "to the home, where the need for defense of self, family, and property is most acute." Id. at 628 . 2.

2021And, as Heller noted, this right extends "to the home, where the need for defense of self, family, and property is most acute." Id. at 628 . 2.

42015–2021
Town of Lafayette v. City of Chippewa Falls green
wis · 1975
2 sentences

2003Pleasant v. City of *277 Racine, 24 Wis. 2d 41, 46-47 , 127 N.W.2d 757 (1964), in light of later case law, would be beneficial to the development of the law in this area. 8 The court in Town of Lafayette v. City of Chippewa Falls, 70 Wis. 2d 610, 626 , 235 N.W.2d 435 (1974), stated that it had previously approved the following factors to determine whether the need requirement was met: (1) a substantial increase in population; (2) a need for additional area for construction of homes, mercantile, manufacturing, or industrial establishments; (3) a need for additional land area to accommodate the

2003Pleasant v. City of *277 Racine, 24 Wis. 2d 41, 46-47 , 127 N.W.2d 757 (1964), in light of later case law, would be beneficial to the development of the law in this area. 8 The court in Town of Lafayette v. City of Chippewa Falls, 70 Wis. 2d 610, 626 , 235 N.W.2d 435 (1974), stated that it had previously approved the following factors to determine whether the need requirement was met: (1) a substantial increase in population; (2) a need for additional area for construction of homes, mercantile, manufacturing, or industrial establishments; (3) a need for additional land area to accommodate the

21999–2003
McDonald v. City of Chicago green
scotus · 2010
2 sentences

2021Because "'the need for defense of self, family, and property is most acute' in the home[,]" McDonald, 561 U.S. at 767 (quoting Heller, 554 U.S. at 628 ), a law prohibiting individuals from going armed while intoxicated cannot constitutionally be applied to an individual who goes armed in his own home.

2021As recognized by the United States Supreme Court, "'the need for defense of self, family, and property is most acute' in the home." McDonald, 561 U.S. at 767 (quoting Heller, 554 U.S. at 5 Heller's language stating that the opinion should not be read to "cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill" is of no relevance in assessing the constitutionality of laws criminalizing the intoxicated bearing of firearms.

12021–2021
State v. Smith green
wisctapp · 1992
1 sentence

2020Id. (citations omitted); see also Abaly v. State, 163 Wis. 609, 612 , 158 N.W. 308 (1916) (holding that a circuit court prejudicially erred in not providing a cautionary instruction to the jury to use great caution when weighing the testimony of an uncorroborated, complaining witness). ¶37 The circuit court examined the evidence corroborating Hilson’s testimony and the “compelling direct and circumstantial evidence of guilt that was presented.” We recite the highlights of that evidence. ¶38 The State’s chief witness was the victim of the shooting, E.B., who identified Coleman to the police pri

12020–2020
State v. Miller green
wisctapp · 2009
2 sentences

2020The number of shots, whether Johnson remembers what happened when he pulled the trigger, and how these facts relate to the “utter disregard” element is 13 As was the case in State v. Miller, 2009 WI App 111 , 320 Wis. 2d 724 , 772 N.W.2d 188 , the State conceded that the jury could find that Johnson could be convicted on second-degree intentional homicide based on imperfect self-defense, and the circuit court found that the need for an instruction to that effect was “obvious.” Thus, there is no question in this case that the evidence could support a finding that Johnson acted with an actual be

2020The number of shots, whether Johnson remembers what happened when he pulled the trigger, and how these facts relate to the “utter disregard” element is 13 As was the case in State v. Miller, 2009 WI App 111 , 320 Wis. 2d 724 , 772 N.W.2d 188 , the State conceded that the jury could find that Johnson could be convicted on second-degree intentional homicide based on imperfect self-defense, and the circuit court found that the need for an instruction to that effect was “obvious.” Thus, there is no question in this case that the evidence could support a finding that Johnson acted with an actual be

12020–2020
Town of Mt. Pleasant v. City of Racine green
wis · 1964
2 sentences

2003Pleasant v. City of *277 Racine, 24 Wis. 2d 41, 46-47 , 127 N.W.2d 757 (1964), in light of later case law, would be beneficial to the development of the law in this area. 8 The court in Town of Lafayette v. City of Chippewa Falls, 70 Wis. 2d 610, 626 , 235 N.W.2d 435 (1974), stated that it had previously approved the following factors to determine whether the need requirement was met: (1) a substantial increase in population; (2) a need for additional area for construction of homes, mercantile, manufacturing, or industrial establishments; (3) a need for additional land area to accommodate the

2003Pleasant v. City of *277 Racine, 24 Wis. 2d 41, 46-47 , 127 N.W.2d 757 (1964), in light of later case law, would be beneficial to the development of the law in this area. 8 The court in Town of Lafayette v. City of Chippewa Falls, 70 Wis. 2d 610, 626 , 235 N.W.2d 435 (1974), stated that it had previously approved the following factors to determine whether the need requirement was met: (1) a substantial increase in population; (2) a need for additional area for construction of homes, mercantile, manufacturing, or industrial establishments; (3) a need for additional land area to accommodate the

12003–2003
Green v. Smith & Nephew AHP, Inc. green
wis · 2001
2 sentences

2003We recognize that there is language in Green v. Smith & Nephew AHP, Inc., 2001 WI 109 , 245 Wis. 2d 772 , 629 N.W.2d 727 , that appears inconsistent with defining the need for a warning in terms of whether the seller had reason to anticipate danger from a particular use.

2003We recognize that there is language in Green v. Smith & Nephew AHP, Inc., 2001 WI 109 , 245 Wis. 2d 772 , 629 N.W.2d 727 , that appears inconsistent with defining the need for a warning in terms of whether the seller had reason to anticipate danger from a particular use.

12003–2003
Town of Waukechon v. City of Shawano green
wis · 1972
2 sentences

2003Id. (citing Town of Waukechon v. City of Shawano, 53 Wis. 2d 593 , 193 N.W.2d 661 (1972)). 9 Some of the arguments the Town makes under this section of its brief we have already addressed under the first component of the rule of reason: that the city attorney encouraged the petitioners to file the annexation petitions because of the Town's impending incorporation, provided the forms, and drew the boundary lines. 10 The current version of the statute, Wis. Stat. § 66.0217 (6) (a), now requires the Department of Administration to send notice of whether or not in its opinion the annexation is in

2003Id. (citing Town of Waukechon v. City of Shawano, 53 Wis. 2d 593 , 193 N.W.2d 661 (1972)). 9 Some of the arguments the Town makes under this section of its brief we have already addressed under the first component of the rule of reason: that the city attorney encouraged the petitioners to file the annexation petitions because of the Town's impending incorporation, provided the forms, and drew the boundary lines. 10 The current version of the statute, Wis. Stat. § 66.0217 (6) (a), now requires the Department of Administration to send notice of whether or not in its opinion the annexation is in

12003–2003
Grace L. Cummins v. Lyle Industries green
ca7 · 1996
1 sentence

1999Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product — was not a chemical engineer, toxicologist or an environmental engineer — or the design of warning labels); Silva v. American Airlines, Inc., 960 F. Supp. 528 (D.P.R. 1997) (holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment, but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge th

11999–1999
Geraldine McCULLOCK, Plaintiff-Appellant, v. H.B. FULLER COMPANY, Defendant-Appellee green
ca2 · 1992
1 sentence

1999Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product — was not a chemical engineer, toxicologist or an environmental engineer — or the design of warning labels); Silva v. American Airlines, Inc., 960 F. Supp. 528 (D.P.R. 1997) (holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment, but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge th

11999–1999
Silva v. American Airlines, Inc. green
prd · 1997
1 sentence

1999Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product — was not a chemical engineer, toxicologist or an environmental engineer — or the design of warning labels); Silva v. American Airlines, Inc., 960 F. Supp. 528 (D.P.R. 1997) (holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment, but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge th

11999–1999
Schuster v. Altenberg green
wis · 1988
2 sentences

1999The welfare of the patient must be a continuing consideration. " Psychiatrists at times may find it necessary, in order to protect the patient or the community from imminent danger, to reveal confidential information disclosed by the patient." Id.

1999The welfare of the patient must be a continuing consideration. *361 * * * " Psychiatrists at times may find it necessary, in order to protect the patient or the community from imminent danger, to reveal confidential information disclosed by the patient." Id.

11999–1999
Peck v. Counseling Service of Addison County, Inc. green
vt · 1985
1 sentence

1988The welfare of the patient must be a continuing consideration. * * * "Psychiatrists at times may find it necessary, in order to protect the patient or the community from imminent danger, to reveal confidential information disclosed by the patient." Id.

11988–1988
Town of Waukesha v. City of Waukesha green
wis · 1973
2 sentences

1979Town of Waukesha v. City of Waukesha, 58 Wis.2d 525, 533 , 206 N.W.2d 585 (1973).

1979Town of Waukesha v. City of Waukesha, 58 Wis.2d 525, 533 , 206 N.W.2d 585 (1973).

11979–1979

Statutes the citing opinions construe

WI § Wis. Stat. § 905.04 (4) WI § Wis. Stat. § 6.03 (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

NY 128 (1919–2026) CA 103 (1953–2025) TX 87 (1978–2025) IL 67 (1955–2025) OH 50 (1988–2026) LA 49 (1956–2023) NJ 49 (1960–2026) FL 45 (1973–2019) PA 43 (1951–2024) CT 35 (1973–2024) MI 30 (1970–2025) DC 29 (1978–2024) MA 29 (1895–2025) IN 24 (1976–2020) OR 23 (1985–2025) WA 22 (1944–2025) MO 21 (1982–2024) CO 21 (1984–2025) MD 19 (1988–2024) IA 19 (1960–2025) WI 18 (1975–2023) TN 16 (1978–2024) NM 15 (1980–2023) NC 14 (1982–2025) DE 13 (1990–2025) AZ 13 (1968–2024) KS 12 (1980–2025) ID 11 (1972–2021) MS 9 (1980–2017) WV 9 (1975–2017) VA 9 (1967–2013) AK 9 (1982–2025) NH 9 (1979–2018) AL 9 (1994–2016) GA 9 (1925–2025) RI 8 (1979–2010) SC 8 (2007–2011) ME 8 (1978–2025) MN 7 (1966–2024) UT 7 (1995–2022) KY 7 (1985–2025) HI 6 (2000–2020) WY 6 (1966–2006) VT 5 (1991–2018) OK 5 (1988–2023) NE 4 (1998–2022) NV 4 (2016–2017) MT 4 (1989–2015) AR 4 (1982–2020) SD 2 (2005–2025) ND 2 (1979–1983)

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.

← Caselaw search · G Cite Topics · Brief Check