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15 Wisconsin opinions name it 2 courts 1975–2024 4 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 |
|---|---|---|
California v. Roygreen2 sentences2013Cf. California v. Roy, 519 U.S. 2, 5 (1996) (per curiam) ("The specific error at issue here — an error in the instruction that defined the crime — is ... as easily characterized as a 'misdescription of an element' of the crime, as it is characterized as an error of 'omission.'"). 2013Cf. California v. Roy, 519 U.S. 2, 5 (1996) (per curiam) ("The specific error at issue here——an error in the instruction that defined the crime——is . . . as easily characterized as a 'misdescription of an element' of the crime, as it is characterized as an error of 'omission.'"). | 2 | 3 |
Neder v. United Statesgreen2 sentences2005"In other words, if it is 'clear beyond a reasonable doubt that a rational jury would have convicted absent the error' then the error did not' "contribute to the verdict."'" Id., ¶ 29 (quoting Neder, 527 U.S. at 15, 18 ). 2005"In other words, if it is `clear beyond a reasonable doubt that a rational jury would have convicted absent the error' then the error did not `"contribute to the verdict."'" Id., ¶ 29 (quoting Neder, 527 U.S. at 15, 18 ). | 1 | 2 |
State v. Gonzalezgreen2 sentences2023See id. ¶22 Thus, viewing the jury instructions as a whole, we conclude that the jury was properly informed that the State bore the burden in this case and that Humphrey’s defense of self-defense applied to the lesser-included charge of homicide by negligent handling of a dangerous weapon. “[T]he context provided by the prior instruction and the general instructions clearly convey that the State bore the burden to disprove self-defense.” See id., ¶47. ¶23 Relying on State v. Gonzalez, 2011 WI 63 , 335 Wis. 2d 270 , 802 N.W.2d 454 , Humphrey additionally argues that the error in the instruction 2023See id. ¶22 Thus, viewing the jury instructions as a whole, we conclude that the jury was properly informed that the State bore the burden in this case and that Humphrey’s defense of self-defense applied to the lesser-included charge of homicide by negligent handling of a dangerous weapon. “[T]he context provided by the prior instruction and the general instructions clearly convey that the State bore the burden to disprove self-defense.” See id., ¶47. ¶23 Relying on State v. Gonzalez, 2011 WI 63 , 335 Wis. 2d 270 , 802 N.W.2d 454 , Humphrey additionally argues that the error in the instruction | 1 | 1 |
State v. Weedgreen2 sentences2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 | 1 | 1 |
State v. Gary M.B.green2 sentences2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 | 1 | 1 |
Jensen v. Stategreen2 sentences1998See id. at 606 . ¶ 41. 1998See id. at 606 . *87 ¶ 41. | 1 | 1 |
State v. Sharpgreen2 sentences1997See State v. Pharr, 115 Wis. 2d 334, 343 , 340 N.W.2d 498, 502 (1983). 6 Eugenio also seems to attack the continuing validity of this court's interpretation of the "doctrine of completeness" in State v. Sharp, 180 Wis. 2d 640 , 511 N.W.2d 316 (Ct. App. 1993). 1997See State v. Pharr, 115 Wis. 2d 334, 343 , 340 N.W.2d 498, 502 (1983). 6 Eugenio also seems to attack the continuing validity of this court's interpretation of the "doctrine of completeness" in State v. Sharp, 180 Wis. 2d 640 , 511 N.W.2d 316 (Ct. App. 1993). | 1 | 1 |
State v. Pharrgreen2 sentences1997See State v. Pharr, 115 Wis. 2d 334, 343 , 340 N.W.2d 498, 502 (1983). 6 Eugenio also seems to attack the continuing validity of this court's interpretation of the "doctrine of completeness" in State v. Sharp, 180 Wis. 2d 640 , 511 N.W.2d 316 (Ct. App. 1993). 1997See State v. Pharr, 115 Wis. 2d 334, 343 , 340 N.W.2d 498, 502 (1983). 6 Eugenio also seems to attack the continuing validity of this court's interpretation of the "doctrine of completeness" in State v. Sharp, 180 Wis. 2d 640 , 511 N.W.2d 316 (Ct. App. 1993). | 1 | 1 |
Morissette v. United Statesgreen1 sentence1986Id.; see also Morissette v. United States, 342 U.S. 246, 274-76 (1952). | 1 | 1 |
Chapman v. Californiared1 sentence1982In order for an error of constitutional dimension to be found harmless, this court must be able to “declare a belief that it was harmless beyond a reasonable doubt.” State v. Nye, 100 Wis. 2d 398, 403 , 302 N.W.2d 83, 86 (Ct. App. 1981), summarily aff’d, 105 Wis. 2d 63 , 312 N.W.2d 826 (1981); see also Chapman v. California, 386 U.S. 18, 24 (1967). | 1 | 1 |
State v. Nyegreen2 sentences1982In order for an error of constitutional dimension to be found harmless, this court must be able to “declare a belief that it was harmless beyond a reasonable doubt.” State v. Nye, 100 Wis. 2d 398, 403 , 302 N.W.2d 83, 86 (Ct. App. 1981), summarily aff’d, 105 Wis. 2d 63 , 312 N.W.2d 826 (1981); see also Chapman v. California, 386 U.S. 18, 24 (1967). 1982In order for an error of constitutional dimension to be found harmless, this court must be able to “declare a belief that it was harmless beyond a reasonable doubt.” State v. Nye, 100 Wis. 2d 398, 403 , 302 N.W.2d 83, 86 (Ct. App. 1981), summarily aff’d, 105 Wis. 2d 63 , 312 N.W.2d 826 (1981); see also Chapman v. California, 386 U.S. 18, 24 (1967). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cahill v. Cahill
neutral
2 sentences2024During its oral ruling, the court stated, “I’m not bound by [the experts’] testimony and … under the unique circumstances of this case, … I don’t agree with either one of them.” The court supported its credibility determination by reasoning that Nicole testified that Aaron’s signature “consists of two words with a pen lift and the [other] characteristics Nicole testified to,” but the known signatures of Aaron that the experts reviewed “were the one[s] with no pen lift,” which was “a major assumption that I find to be erroneous.” In other words, the court found both experts not credible due to 2024During its oral ruling, the court stated, “I’m not bound by [the experts’] testimony and … under the unique circumstances of this case, … I don’t agree with either one of them.” The court supported its credibility determination by reasoning that Nicole testified that Aaron’s signature “consists of two words with a pen lift and the [other] characteristics Nicole testified to,” but the known signatures of Aaron that the experts reviewed “were the one[s] with no pen lift,” which was “a major assumption that I find to be erroneous.” In other words, the court found both experts not credible due to | 1 | 2024–2024 |
State v. Ginger M. Breitzman
green
2 sentences2022She then argues that trial counsel was deficient for failing to object to this error in the instruction.8 She then argues that she was prejudiced because DMCPS made little to no effort to provide services to Taylor until after the TPR petition was filed in this case. ¶18 Turning to the first prong of the analysis, “[t]o establish that counsel’s performance was deficient, the defendant must show that it fell below ‘an objective standard of reasonableness.’” State v. Breitzman, 2017 WI 100, ¶38 , 378 Wis. 2d 431 , 904 N.W.2d 93 (citation omitted). 2022She then argues that trial counsel was deficient for failing to object to this error in the instruction.8 She then argues that she was prejudiced because DMCPS made little to no effort to provide services to Taylor until after the TPR petition was filed in this case. ¶18 Turning to the first prong of the analysis, “[t]o establish that counsel’s performance was deficient, the defendant must show that it fell below ‘an objective standard of reasonableness.’” State v. Breitzman, 2017 WI 100, ¶38 , 378 Wis. 2d 431 , 904 N.W.2d 93 (citation omitted). | 1 | 2022–2022 |
State v. Howell
green
1 sentence2022Id. | 1 | 2022–2022 |
Crawford v. Washington
green
2 sentences2005Recently, the Seventh Circuit Court of Appeals indicated that the Neder formulation of harmless error is applicable to Confrontation Clause violations post-Crawford v. Washington, 541 U.S. 36 (2004). 2005Recently, the Seventh Circuit Court of Appeals indicated that the *622 Neder formulation of harmless error is applicable to Confrontation Clause violations post- Crawford v. Washington, 541 U.S. 36 (2004). | 1 | 2005–2005 |
State v. Harvey
green
2 sentences2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 | 1 | 2005–2005 |
State v. Carlson
green
2 sentences2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 2005See, e.g., State v. Weed, 2003 WI 85, ¶ 29 , 263 Wis. 2d 434 , 666 N.W.2d 485 (if it is clear beyond a reasonable doubt that a rational jury would have convicted absent the error then the error did not contribute to the verdict); State v. Carlson, 2003 WI 40, ¶ 46 , 261 Wis. 2d 97 , 661 N.W.2d 51 (error is harmless if it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error); State v. Gary M.B., 2004 WI 33, ¶¶ 39, 42 , 270 Wis. 2d 62 , 676 N.W.2d 475 (Crooks, J., concurring) (same); State v. Harvey, 2002 WI 93, ¶¶ 50-52 , 254 Wis. 2d 442 | 1 | 2005–2005 |
Ross v. Oklahoma
green
2 sentences2001The Court said: "So long as the jury that sits is impartial, the fact that the defendant had to use a peremptory challenge to achieve that result does not mean the Sixth Amendment was violated." Ross, 487 U.S. at 88 . ¶ 85. 2001The Court said: "So long as the jury that sits is impartial, the fact that the defendant had to use a peremptory challenge to achieve that result does not mean the Sixth Amendment was violated." Ross, 487 U.S. at 88 . ś 85. | 1 | 2001–2001 |
State v. Nye
green
2 sentences1982In order for an error of constitutional dimension to be found harmless, this court must be able to “declare a belief that it was harmless beyond a reasonable doubt.” State v. Nye, 100 Wis. 2d 398, 403 , 302 N.W.2d 83, 86 (Ct. App. 1981), summarily aff’d, 105 Wis. 2d 63 , 312 N.W.2d 826 (1981); see also Chapman v. California, 386 U.S. 18, 24 (1967). 1982In order for an error of constitutional dimension to be found harmless, this court must be able to “declare a belief that it was harmless beyond a reasonable doubt.” State v. Nye, 100 Wis. 2d 398, 403 , 302 N.W.2d 83, 86 (Ct. App. 1981), summarily aff’d, 105 Wis. 2d 63 , 312 N.W.2d 826 (1981); see also Chapman v. California, 386 U.S. 18, 24 (1967). | 1 | 1982–1982 |
State v. Simpson
green
2 sentences1977The trial court, as required by State v. Simpson, 56 Wis.2d 27 , 201 N.W.2d 558 (1972), and sec. 972.10 (5), Stats., did inform counsel of the instructions it planned to give the jury prior to their delivery and also prior to jury argument. 1977The trial court, as required by State v. Simpson, 56 Wis.2d 27 , 201 N.W.2d 558 (1972), and sec. 972.10 (5), Stats., did inform counsel of the instructions it planned to give the jury prior to their delivery and also prior to jury argument. | 1 | 1977–1977 |
McMorris v. State
green
2 sentences1975Although the error in instruction thus may not be raised, as of right, on appeal, 17 because the error relates so crucially to defendant’s self-defense claim, this court, in its discretion, elects to consider the error regardless of waiver. 18 By the Court. — Judgment and order reversed and cause remanded for further proceedings in accordance with this opinion. (1973), 58 Wis. 2d 144 , 205 N. W. 2d 559 . 1975Although the error in instruction thus may not be raised, as of right, on appeal, 17 because the error relates so crucially to defendant’s self-defense claim, this court, in its discretion, elects to consider the error regardless of waiver. 18 By the Court. — Judgment and order reversed and cause remanded for further proceedings in accordance with this opinion. (1973), 58 Wis. 2d 144 , 205 N. W. 2d 559 . | 1 | 1975–1975 |
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.