Fourteenth Amendment challenge (Wisconsin) · Go Syfert
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Fourteenth Amendment challenge in Wisconsin

16 Wisconsin opinions name it 2 courts 1938–2025 2 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 (9)

CaseFollowedCited
Rhode Island v. Innisgreen
scotus · 1980 · cited in 4 Wisconsin opinions naming this issue, 1992–2025
2 sentences

2025The circuit court did not err by finding the initial portions of the 911 calls admissible as present sense impressions. ¶21 Finally we address Holmes’ contention that the circuit court erred by admitting the statements he made at the scene of the accident, in the squad car, and at the hospital because he was not given Miranda warnings. 9 No. 2024AP1121-CR ¶22 Miranda warnings6 are necessary to protect a person’s Fifth and Fourteenth Amendment privilege against compulsory self-incrimination when he or she is subject to a “custodial interrogation.” Rhode Island v. Innis, 446 U.S. 291, 297 (1980)

2024We agree with the State. ¶19 Miranda warnings5 are necessary to protect a person’s Fifth and Fourteenth Amendment privilege against compulsory self-incrimination when he or she is subject to a “custodial interrogation.” Rhode Island v. Innis, 446 U.S. 291, 297 (1980).

44
Berkemer v. McCartygreen
scotus · 1984 · cited in 2 Wisconsin opinions naming this issue, 2024–2025
2 sentences

2025Custodial interrogation refers to “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Berkemer v. McCarty, 468 U.S. 420, 428 (1984).

2024Custodial interrogation refers to “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Berkemer v. McCarty, 468 U.S. 420, 428 (1984).

22
Ross v. Oklahomagreen
scotus · 1988 · cited in 2 Wisconsin opinions naming this issue, 1997–1999
2 sentences

1999The United States Supreme Court considered an analogous Fourteenth Amendment challenge in Ross v. Oklahoma, 487 U.S. 81 (1988).

1999The United States Supreme Court considered an analogous Fourteenth Amendment challenge in Ross v. Oklahoma, 487 U.S. 81 (1988).

22
Miranda v. Arizonagreen
scotus · 1966 · cited in 3 Wisconsin opinions naming this issue, 1992–2010
2 sentences

2010"In Miranda [v. Arizona, 384 U.S. 436 (1966)], the United States Supreme Court held that law enforcement officers conducting a custodial interrogation must employ procedural safeguards sufficient to protect a defendant's Fifth Amendment and Fourteenth Amendment privilege against compelled self-incrimination." State v. Armstrong, 223 Wis. 2d 331, 351 , 588 N.W.2d 606 (1999) (citations and quotation marks omitted).

1999In Miranda , the United States Supreme Court held that law enforcement officers conducting a "custodial interrogation" must employ "procedural safeguards" sufficient to protect a defendant's Fifth Amendment and Fourteenth Amendment privilege against compelled self-incrimination. 23 Miranda, 384 U.S. at 444 ; see also Innis, 446 U.S. at 297 .

13
Whitley v. Albersgreen
scotus · 1986 · cited in 1 Wisconsin opinions naming this issue, 1999–1999
1 sentence

1999In order to prevail on his Eighth Amendment claim, Casteel must show that the defendants, by subjecting him to strip searches at the times and under the circumstances before us, caused "the unnecessary and wanton infliction of pain.'" See Whitley v. Albers, 475 U.S. 312, 319 (1986) (citation omitted).

11
Batson v. Kentuckygreen
scotus · 1986 · cited in 1 Wisconsin opinions naming this issue, 1995–1995
2 sentences

1995In his initial appeal, Horton acknowledged that a Fourteenth Amendment challenge to the State's use of its peremptory strike would fail because under the applicable law at the time, Batson v. Kentucky, 476 U.S. 79, 96 (1986), a defendant could only challenge the strikes of jurors who were of the same race as the defendant.

1995In his initial appeal, Horton acknowledged that a Fourteenth Amendment challenge to the State's use of its peremptory strike would fail because under the applicable law at the time, Batson v. Kentucky, 476 U.S. 79, 96 (1986), a defendant could only challenge the strikes of jurors who were of the same race as the defendant.

11
Zinermon v. Burchgreen
scotus · 1990 · cited in 1 Wisconsin opinions naming this issue, 1993–1993
2 sentences

1993Zinermon v. Burch, 494 U.S. 113, 125 (1990).

1993Zinermon v. Burch, 494 U.S. 113, 125 (1990).

11
Commonwealth Edison Co. v. Montanagreen
scotus · 1981 · cited in 1 Wisconsin opinions naming this issue, 1991–1991
1 sentence

1991In their brief, under the section claiming a fourteenth amendment violation, Consolidated discusses the four element test of Complete Auto Transit, Inc. v. Brady, 430 U.S. 274 (1977), restated in Commonwealth Edison Co. v. Montana, *771 453 U.S. 609, 617 (1981).

11
Swain v. Alabamared
scotus · 1965 · cited in 1 Wisconsin opinions naming this issue, 1979–1979
2 sentences

1979Swain, supra at 774. [Emphasis supplied.] This court is in agreement with the reasoning in Swain .

1979Swain, supra at 774. [Emphasis supplied.] This court is in agreement with the reasoning in Swain .

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 (11)

CaseCitedYears
State v. Armstrong green
wis · 1999
2 sentences

2010"In Miranda [v. Arizona, 384 U.S. 436 (1966)], the United States Supreme Court held that law enforcement officers conducting a custodial interrogation must employ procedural safeguards sufficient to protect a defendant's Fifth Amendment and Fourteenth Amendment privilege against compelled self-incrimination." State v. Armstrong, 223 Wis. 2d 331, 351 , 588 N.W.2d 606 (1999) (citations and quotation marks omitted).

2010"In Miranda [v. Arizona, 384 U.S. 436 (1966)], the United States Supreme Court held that law enforcement officers conducting a custodial interrogation must employ procedural safeguards sufficient to protect a defendant's Fifth Amendment and Fourteenth Amendment privilege against compelled self-incrimination." State v. Armstrong, 223 Wis. 2d 331, 351 , 588 N.W.2d 606 (1999) (citations and quotation marks omitted).

12010–2010
Wisconsin v. Yoder green
scotus · 1972
2 sentences

2006In Yoder , a case that involved both a Fourteenth Amendment claim based on a parent's right to direct the education and upbringing of children and a claim based on the Free Exercise of Religion Clause, the Supreme Court held that Wisconsin could not compel Amish children to attend school beyond age fourteen. 406 U.S. at 232-35 .

2006In Yoder , a case that involved both a Fourteenth Amendment claim based on a parent's right to direct the education and upbringing of children and a claim based on the Free Exercise of Religion Clause, the Supreme Court held that Wisconsin could not compel Amish children to attend school beyond age fourteen. 406 U.S. at 232-35 .

12006–2006
Oregon v. Mathiason green
scotus · 1977
1 sentence

1999The Court spelled out a list of "procedural safeguards" which it considered sufficient; these safeguards are commonly called"Miranda warnings." 24 Law enforcement officers must administer Miranda warnings at the first *352 moment an individual is subjected to "custodial interrogation." Miranda, 384 U.S. at 444, 477 ; see also Innis, 446 U.S. at 300 ; Mathiason, 429 U.S. at 495 ; Mitchell, 167 Wis. 2d at 686 .

11999–1999
State v. Mitchell green
wis · 1992
1 sentence

1999The Court spelled out a list of "procedural safeguards" which it considered sufficient; these safeguards are commonly called"Miranda warnings." 24 Law enforcement officers must administer Miranda warnings at the first *352 moment an individual is subjected to "custodial interrogation." Miranda, 384 U.S. at 444, 477 ; see also Innis, 446 U.S. at 300 ; Mathiason, 429 U.S. at 495 ; Mitchell, 167 Wis. 2d at 686 .

11999–1999
State v. Horton green
wisctapp · 1989
2 sentences

1995Horton, 151 Wis. 2d at 257 , 445 N.W.2d at 50 .

1995Horton, 151 Wis. 2d at 257 , 445 N.W.2d at 50 .

11995–1995
Complete Auto Transit, Inc. v. Brady green
scotus · 1977
1 sentence

1991In their brief, under the section claiming a fourteenth amendment violation, Consolidated discusses the four element test of Complete Auto Transit, Inc. v. Brady, 430 U.S. 274 (1977), restated in Commonwealth Edison Co. v. Montana, *771 453 U.S. 609, 617 (1981).

11991–1991
Few v. State green
texcrimapp · 1979
1 sentence

1980By the Court. — Judgment affirmed. 1 Defendant relies on Aycock v. State, 146 Ga. App. 489 , 246 S.E.2d 489 (1978); People v. Campbell, 72 Mich. App. 411 , 249 N.W.2d 870 (1976); and Few v. State, 588 S.W.2d 578 (Tex. Crim.

11980–1980
People v. Campbell green
michctapp · 1976
2 sentences

1980By the Court. — Judgment affirmed. 1 Defendant relies on Aycock v. State, 146 Ga. App. 489 , 246 S.E.2d 489 (1978); People v. Campbell, 72 Mich. App. 411 , 249 N.W.2d 870 (1976); and Few v. State, 588 S.W.2d 578 (Tex. Crim.

1980By the Court. — Judgment affirmed. 1 Defendant relies on Aycock v. State, 146 Ga. App. 489 , 246 S.E.2d 489 (1978); People v. Campbell, 72 Mich. App. 411 , 249 N.W.2d 870 (1976); and Few v. State, 588 S.W.2d 578 (Tex. Crim.

11980–1980
Aycock v. State green
gactapp · 1978
2 sentences

1980By the Court. — Judgment affirmed. 1 Defendant relies on Aycock v. State, 146 Ga. App. 489 , 246 S.E.2d 489 (1978); People v. Campbell, 72 Mich. App. 411 , 249 N.W.2d 870 (1976); and Few v. State, 588 S.W.2d 578 (Tex. Crim.

1980By the Court. — Judgment affirmed. 1 Defendant relies on Aycock v. State, 146 Ga. App. 489 , 246 S.E.2d 489 (1978); People v. Campbell, 72 Mich. App. 411 , 249 N.W.2d 870 (1976); and Few v. State, 588 S.W.2d 578 (Tex. Crim.

11980–1980
Wisconsin Telephone Co. v. Department of Industry, Labor & Human Relations green
wis · 1975
2 sentences

1978That is the essence of the Wisconsin Supreme Court's holding in Wisconsin Telephone, 68 Wis.2d at 367 , where the court said that *82 in interpreting Wisconsin’s sex discrimination statutes “the department is not limited to finding discrimination only where a Fourteenth Amendment violation could also be found,” notwithstanding the holding of the United States Supreme Court in Geduldig that a pregnancy exclusion from a disability insurance system does not deny equal protection under that amendment.

1978That is the essence of the Wisconsin Supreme Court's holding in Wisconsin Telephone, 68 Wis.2d at 367 , where the court said that *82 in interpreting Wisconsin’s sex discrimination statutes “the department is not limited to finding discrimination only where a Fourteenth Amendment violation could also be found,” notwithstanding the holding of the United States Supreme Court in Geduldig that a pregnancy exclusion from a disability insurance system does not deny equal protection under that amendment.

11978–1978
Christoph v. City of Chilton green
wis · 1931
2 sentences

1938But I think the act is unconstitutional because discriminatory under the Fourteenth amendment under the rule of Christoph v. Chilton, 205 Wis. 418 , 237 N. W. 134 .

1938But I think the act is unconstitutional because discriminatory under the Fourteenth amendment under the rule of Christoph v. Chilton, 205 Wis. 418 , 237 N. W. 134 .

11938–1938

Statutes the citing opinions construe

WI § Wis. Stat. § 346.63 (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

CA 30 (1969–2026) TX 26 (1971–2026) WA 18 (1965–2023) PA 17 (1959–2026) NJ 17 (1977–2020) WI 16 (1938–2025) IN 16 (1979–2020) OH 15 (1956–2016) AL 13 (1951–2007) IL 12 (1973–2021) GA 12 (1968–2019) FL 11 (1976–2026) NY 11 (1926–2023) MD 11 (1973–2024) LA 11 (1991–2024) IA 10 (1979–2022) OR 10 (1954–2021) MI 9 (1975–2020) CO 9 (1975–2025) AZ 9 (1958–2018) MO 9 (1970–1996) UT 8 (1993–2024) MS 7 (1987–1999) KS 6 (1987–2022) HI 6 (1978–2025) NC 6 (1980–2023) AR 4 (1997–2004) NV 4 (1978–1999) ME 4 (1970–2025) OK 4 (1985–2019) DE 4 (1973–2015) VA 4 (1993–2023) MA 3 (1982–2025) KY 3 (1993–2004) MT 3 (1976–1995) NM 3 (1990–2005) WY 3 (1978–1994) DC 3 (1972–1975) TN 3 (1979–2013) RI 3 (1981–2000) ID 3 (1983–2020) SC 2 (1995–2004) MN 2 (2006–2011) WV 2 (1983–1985) CT 2 (2002–2007) NH 2 (1984–2007)

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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