fact-specific analysis (Wisconsin) · Go Syfert
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fact-specific analysis in Wisconsin

15 Wisconsin opinions name it 2 courts 1994–2026 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.

Followed or applied (12)

CaseFollowedCited
State v. Pohlhammergreen
wis · 1977 · cited in 1 Wisconsin opinions naming this issue, 2026–2026
1 sentence

2026See Pohlhammer, 78 Wis. 2d at 522 .

11
Illinois v. Gatesgreen
scotus · 1983 · cited in 1 Wisconsin opinions naming this issue, 2022–2022
1 sentence

2022See Illinois v Gates, 462 U.S. 213, 238 (1983); Richardson, 156 Wis. 2d at 140 .

11
Industrial Risk Insurers & Quad Graphics, Inc. v. American Engineering Testing, Inc.green
wisctapp · 2009 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
2 sentences

2019See Tammy W-G. , 333 Wis. 2d 273 , ¶49, 797 N.W.2d 854 . "[W]e will not abandon our neutrality to develop arguments[.]" Industrial Risk Insurers v. American Eng'g Testing, Inc. , 2009 WI App 62 , ¶25, 318 Wis. 2d 148 , 769 N.W.2d 82 .

2019See Tammy W-G. , 333 Wis. 2d 273 , ¶49, 797 N.W.2d 854 . "[W]e will not abandon our neutrality to develop arguments[.]" Industrial Risk Insurers v. American Eng'g Testing, Inc. , 2009 WI App 62 , ¶25, 318 Wis. 2d 148 , 769 N.W.2d 82 .

11
Tammy W-G. v. Jacob T.green
wis · 2011 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
2 sentences

2019See Tammy W-G. , 333 Wis. 2d 273 , ¶49, 797 N.W.2d 854 . "[W]e will not abandon our neutrality to develop arguments[.]" Industrial Risk Insurers v. American Eng'g Testing, Inc. , 2009 WI App 62 , ¶25, 318 Wis. 2d 148 , 769 N.W.2d 82 .

2019See Tammy W-G. , 333 Wis. 2d 273 , ¶49, 797 N.W.2d 854 . "[W]e will not abandon our neutrality to develop arguments[.]" Industrial Risk Insurers v. American Eng'g Testing, Inc. , 2009 WI App 62 , ¶25, 318 Wis. 2d 148 , 769 N.W.2d 82 .

11
State v. Leuteneggergreen
wisctapp · 2004 · cited in 1 Wisconsin opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., State v. Leutenegger, 2004 WI App 127 , ¶ 21 n.5, 275 Wis. 2d 512 , 685 N.W.2d 536 .

2016See, e.g., State v. Leutenegger, 2004 WI App 127 , ¶ 21 n.5, 275 Wis. 2d 512 , 685 N.W.2d 536 .

11
Go-Bart Importing Co. v. United Statesgreen
scotus · 1931 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004The Supreme Court has "eschewed bright-line rules [in Fourth Amendment inquiries], instead emphasizing the fact-specific nature of the reasonableness inquiry." Ohio v. Robinette, 519 U.S. 33, 39 (1996); see also Florida v. Bostick, 501 U.S. 429, 439 (1991) (rejecting a per se rule in favor of an inquiry into "all the circumstances surrounding the encounter."); Michigan v. Chesternut, 486 U.S. 567, 572-73 (1988) (rejecting the parties' proposals for bright-line rules in favor of a fact specific analysis); Sibron v. New York, 392 U.S. 40, 59 (1968) ("The constitutional validity of a warrantless

11
Florida v. Bostickgreen
scotus · 1991 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004The Supreme Court has "eschewed bright-line rules [in Fourth Amendment inquiries], instead emphasizing the fact-specific nature of the reasonableness inquiry." Ohio v. Robinette, 519 U.S. 33, 39 (1996); see also Florida v. Bostick, 501 U.S. 429, 439 (1991) (rejecting a per se rule in favor of an inquiry into "all the circumstances surrounding the encounter."); Michigan v. Chesternut, 486 U.S. 567, 572-73 (1988) (rejecting the parties' proposals for bright-line rules in favor of a fact specific analysis); Sibron v. New York, 392 U.S. 40, 59 (1968) ("The constitutional validity of a warrantless

11
Ohio v. Robinettegreen
scotus · 1996 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004The Supreme Court has "eschewed bright-line rules [in Fourth Amendment inquiries], instead emphasizing the fact-specific nature of the reasonableness inquiry." Ohio v. Robinette, 519 U.S. 33, 39 (1996); see also Florida v. Bostick, 501 U.S. 429, 439 (1991) (rejecting a per se rule in favor of an inquiry into "all the circumstances surrounding the encounter."); Michigan v. Chesternut, 486 U.S. 567, 572-73 (1988) (rejecting the parties' proposals for bright-line rules in favor of a fact specific analysis); Sibron v. New York, 392 U.S. 40, 59 (1968) ("The constitutional validity of a warrantless

11
Sibron v. New Yorkgreen
scotus · 1968 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004The Supreme Court has "eschewed bright-line rules [in Fourth Amendment inquiries], instead emphasizing the fact-specific nature of the reasonableness inquiry." Ohio v. Robinette, 519 U.S. 33, 39 (1996); see also Florida v. Bostick, 501 U.S. 429, 439 (1991) (rejecting a per se rule in favor of an inquiry into "all the circumstances surrounding the encounter."); Michigan v. Chesternut, 486 U.S. 567, 572-73 (1988) (rejecting the parties' proposals for bright-line rules in favor of a fact specific analysis); Sibron v. New York, 392 U.S. 40, 59 (1968) ("The constitutional validity of a warrantless

11
Michigan v. Chesternutgreen
scotus · 1988 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004The Supreme Court has "eschewed bright-line rules [in Fourth Amendment inquiries], instead emphasizing the fact-specific nature of the reasonableness inquiry." Ohio v. Robinette, 519 U.S. 33, 39 (1996); see also Florida v. Bostick, 501 U.S. 429, 439 (1991) (rejecting a per se rule in favor of an inquiry into "all the circumstances surrounding the encounter."); Michigan v. Chesternut, 486 U.S. 567, 572-73 (1988) (rejecting the parties' proposals for bright-line rules in favor of a fact specific analysis); Sibron v. New York, 392 U.S. 40, 59 (1968) ("The constitutional validity of a warrantless

11
Ross Ex Rel. Rodli v. Martinigreen
wisctapp · 1996 · cited in 1 Wisconsin opinions naming this issue, 2002–2002
2 sentences

2002See Ross v. Martini, 204 Wis. 2d 354, 358 , 555 N.W.2d 381 (Ct. App. 1996).

2002See Ross v. Martini, 204 Wis. 2d 354, 358 , 555 N.W.2d 381 (Ct. App. 1996).

11
United States v. Mandujanogreen
scotus · 1976 · cited in 1 Wisconsin opinions naming this issue, 2001–2001
2 sentences

2001On the other hand, the crime of perjury erodes the integrity of our judicial system. 7 As the United States Supreme Court declared in United States v. Mandujano, 425 U.S. 564, 576 (1976), "[pjerjured testimony is an obvious and flagrant affront to the basic concepts of judicial proceedings.

2001On the other hand, the crime of perjury erodes the integrity of our judicial system. [7] As the United States Supreme Court declared in United States v. Mandujano, 425 U.S. 564, 576 (1976), "[p]erjured testimony is an obvious and flagrant affront to the basic concepts of judicial proceedings.

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 (12)

CaseCitedYears
State v. Koput green
wis · 1988
2 sentences

2018The totality of the circumstances herein differ from those in the cases Bartelt cites. ¶52 Although the specific question we address today—— whether confession to a serious crime transforms a noncustodial interview into a custodial interrogation in these circumstances— —is an issue of first impression in Wisconsin, Bartelt contends that our decision in State v. Koput, 142 Wis. 2d 370 , 418 N.W.2d 804 (1988), supports the conclusion that no reasonable person 29 No. 2015AP2506-CR would have felt free to leave following his confession to a serious, violent crime.

2018The totality of the circumstances herein differ from those in the cases Bartelt cites. ¶52 Although the specific question we address today—— whether confession to a serious crime transforms a noncustodial interview into a custodial interrogation in these circumstances— —is an issue of first impression in Wisconsin, Bartelt contends that our decision in State v. Koput, 142 Wis. 2d 370 , 418 N.W.2d 804 (1988), supports the conclusion that no reasonable person 29 No. 2015AP2506-CR would have felt free to leave following his confession to a serious, violent crime.

22018–2018
TransUnion LLC v. Ramirez green
scotus · 2021
1 sentence

2025Standing derives from the nature and immediacy of the claimed injury, meaning that it is a fact-specific inquiry and legal precedent cannot be applied blindly. ¶25 Furthermore, as FMG identifies, after Fox, Lewert, and Remijas were decided, the United States Supreme Court decided TransUnion LLC v. Ramirez, 594 U.S. 413 (2021).

12025–2025
State v. Richardson green
wis · 1990
2 sentences

2022Probable cause is a fact specific inquiry and “includes the ‘totality of the circumstances’ within the officer’s knowledge at the time[.]” State v. Richardson, 156 Wis. 2d 128, 148 , 456 N.W.2d 830 (1990) (citation omitted). ¶13 We apply this “totality of the circumstances” test to determine whether information provided by a confidential informant provided probable cause for an arrest.

2022Probable cause is a fact specific inquiry and “includes the ‘totality of the circumstances’ within the officer’s knowledge at the time[.]” State v. Richardson, 156 Wis. 2d 128, 148 , 456 N.W.2d 830 (1990) (citation omitted). ¶13 We apply this “totality of the circumstances” test to determine whether information provided by a confidential informant provided probable cause for an arrest.

12022–2022
K.M.C. Co., Inc. v. Irving Trust Company green
ca6 · 1985
2 sentences

2017Comm'n, 256 Wis. 62, 66 , 39 N.W.2d 854 (1949). ¶65 Whether a waiver of a constitutional right was knowing and voluntary is a fact-specific inquiry that is "separate and distinct from the operation of rules of substantive contract law . . . ." K.M.C., 757 F.2d at 756 .

2017Whether a waiver of a constitutional right was knowing and voluntary is a fact-specific inquiry that is "separate and distinct from the operation of rules of substantive contract law . . . ." K.M.C., 757 F.2d at 756 .

12017–2017
Wendlandt v. Industrial Commission green
wis · 1949
2 sentences

2017Comm'n, 256 Wis. 62, 66 , 39 N.W.2d 854 (1949). ¶65 Whether a waiver of a constitutional right was knowing and voluntary is a fact-specific inquiry that is "separate and distinct from the operation of rules of substantive contract law . . . ." K.M.C., 757 F.2d at 756 .

2017Comm'n, 256 Wis. 62, 66 , 39 N.W.2d 854 (1949). ¶65 Whether a waiver of a constitutional right was knowing and voluntary is a fact-specific inquiry that is "separate and distinct from the operation of rules of substantive contract law . . . ." K.M.C., 757 F.2d at 756 .

12017–2017
Silverman v. United States green
scotus · 1961
1 sentence

2016We therefore regard the area 'immediately surrounding and associated with the home'——what our cases call the curtilage——as 'part of the home itself for Fourth Amendment purposes.' That principle has ancient and durable roots." Id. (internal citation omitted). ¶79 The determination of whether Dumstrey's parking garage is curtilage presents a fact specific analysis.

12016–2016
Martin Ex Rel. Scoptur v. Richards green
wis · 1995
2 sentences

2008Id. at 175 , 531 N.W.2d 70 ("The information that is reasonably necessary for a patient to make an informed decision regarding treatment will vary from case to case.").

2008Id. at 175 , 531 N.W.2d 70 ("The information that is reasonably necessary for a patient to make an informed decision regarding treatment will vary from case to case.").

12008–2008
Hoey Outdoor Advertising, Inc. v. Ricci green
wisctapp · 2002
2 sentences

2006Id. ¶ 44 Interference with a present or prospective contractual relationship requires proof of the following five elements: "(1) the plaintiff had a contract or prospective contractual relationship with a third party; (2) the defendant interfered with the relationship; (3) the interference was intentional; (4) a causal connection exists between the interference and the damages; and (5) the defendant was not justified or privileged to interfere." Hoey Outdoor Adver., Inc. v. Ricci, 2002 WI App 231, ¶ 27 , 256 Wis.2d 347 , 653 N.W.2d 763 .

2006Id. ¶ 44 Interference with a present or prospective contractual relationship requires proof of the following five elements: "(1) the plaintiff had a contract or prospective contractual relationship with a third party; (2) the defendant interfered with the relationship; (3) the interference was intentional; (4) a causal connection exists between the interference and the damages; and (5) the defendant was not justified or privileged to interfere." Hoey Outdoor Adver., Inc. v. Ricci, 2002 WI App 231, ¶ 27 , 256 Wis.2d 347 , 653 N.W.2d 763 .

12006–2006
St. Francis Savings & Loan Ass'n v. Hearthside Homes, Inc. green
wis · 1974
1 sentence

2006Id. ¶ 44 Interference with a present or prospective contractual relationship requires proof of the following five elements: "(1) the plaintiff had a contract or prospective contractual relationship with a third party; (2) the defendant interfered with the relationship; (3) the interference was intentional; (4) a causal connection exists between the interference and the damages; and (5) the defendant was not justified or privileged to interfere." Hoey Outdoor Adver., Inc. v. Ricci, 2002 WI App 231, ¶ 27 , 256 Wis.2d 347 , 653 N.W.2d 763 .

12006–2006
Neiman v. AMERICAN NAT. PROP. & CAS. CO. green
wis · 2000
1 sentence

2001As the supreme court has stated, the balancing test applied in Martin, Neiman and Matthies is, at heart, a rational basis test that is used to assess the constitutionality of retroactive legislation. *327 Matthies, 2001 WI 82 at ¶ 27 ; Neiman, 2000 WI 83 at ¶ 9 .

12001–2001
Matthies v. Positive Safety Manufacturing Co. green
wis · 2001
1 sentence

2001As the supreme court has stated, the balancing test applied in Martin, Neiman and Matthies is, at heart, a rational basis test that is used to assess the constitutionality of retroactive legislation. *327 Matthies, 2001 WI 82 at ¶ 27 ; Neiman, 2000 WI 83 at ¶ 9 .

12001–2001
Flemming v. Nestor green
scotus · 1960
1 sentence

1994Id. at 619 .

11994–1994

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (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

TX 117 (1994–2026) OR 106 (1991–2026) WA 79 (1992–2026) CA 74 (1995–2026) MI 68 (1999–2026) IL 63 (2002–2025) PA 60 (1993–2026) NY 59 (1995–2026) NJ 57 (1993–2026) CT 38 (1986–2025) NM 35 (1998–2025) TN 29 (1999–2024) NC 29 (2003–2025) LA 28 (1993–2022) ND 27 (2002–2021) VA 25 (2002–2026) AZ 25 (1992–2026) CO 25 (1989–2026) OH 24 (2003–2026) MA 22 (2002–2025) SC 21 (2000–2026) DC 20 (1991–2025) MD 20 (1995–2024) ME 20 (1997–2025) DE 16 (2015–2025) WI 15 (1994–2026) MO 14 (2001–2025) NV 14 (1991–2022) FL 13 (2005–2026) IA 13 (2000–2023) NH 12 (1990–2025) KS 11 (2000–2025) IN 9 (1998–2025) MN 9 (2001–2024) VT 9 (2000–2025) WV 8 (1984–2023) KY 8 (2008–2026) GA 8 (2014–2025) MT 7 (2006–2022) WY 6 (2010–2025) UT 6 (1997–2025) AL 6 (1998–2017) RI 5 (2004–2020) NE 5 (2016–2020) SD 5 (1998–2022) OK 5 (1998–2024) AK 4 (2009–2019) ID 4 (2013–2026)

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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