investigation defense in Wisconsin

14 Wisconsin opinions name it 3 courts 1934–2025 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 (5)

Case	Followed	Cited
Taylor v. State Farm Fire & Casualty Co.green okla · 1999 · cited in 1 Wisconsin opinions naming this issue, 2011–2011 1 sentence 2011Before this court, quoting Taylor v. State Farm Fire & Casualty Co., 981 P.2d 1253, 1258 (Okla. 1999), the insureds' counsel, Shane W Falk, contended that: [W]hile no identifiable ex contractu recovery is achieved by the victorious bad-faith plaintiff, indemnity for loss (under the contract) constitutes the centerpiece element of damages included in every ex delicto recovery for bad-faith refusal to settle.	1	1
State v. Johnsongreen wis · 2007 · cited in 1 Wisconsin opinions naming this issue, 2011–2011 1 sentence 2011See Johnson, 299 Wis. 2d 675, ¶ 45 .	1	1
United States v. Cronicgreen scotus · 1984 · cited in 1 Wisconsin opinions naming this issue, 2007–2007 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007The type and intensity of the investigation defense counsel conducts varies from case to case, and the court generally defers to counsel's judgment. 6 Nevertheless, this court has held that defense "counsel's lack of any significant independent investigation falls outside of this wide spectrum" of representation and preparation. 7 The United States Supreme Court has similarly declared that "if counsel entirely fails to subject the prosecution's case to meaningful adversarial testing, then there has been a denial of Sixth Amendment rights that makes the adversary process itself presumptively un	1	1
Knowles v. Iowagreen scotus · 1998 · cited in 1 Wisconsin opinions naming this issue, 2007–2007 1 sentence 2007See Knowles v. Iowa, 525 U.S. 113, 117 (1998).	1	1
Cross v. Soderbeckgreen wis · 1980 · cited in 1 Wisconsin opinions naming this issue, 1991–1991 2 sentences 1991Cross v. Soderbeck, 94 Wis. 2d 331, 340-41 , 288 N.W.2d 779, 783 (1980). 1991Cross v. Soderbeck, 94 Wis. 2d 331, 340-41 , 288 N.W.2d 779, 783 (1980).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (20)

Case	Cited	Years
Kenneth Brown v. Wisconsin Elections Commission green wis · 2025 2 sentences 2025As our supreme court explained in Brown v. WEC, 2025 WI 5 , ¶7, 414 Wis. 2d 601 , 16 N.W.3d 619 , “[§] 5.06(1) provides a means by which [an individual] … may challenge the decisions of local election officials … if she or he believes that a local election official’s decision-making violates the law.”11 The statute provides that the Commission may conduct an investigation and hold a hearing “on the matter in the manner prescribed for treatment of contested cases under [WIS. 2025As our supreme court explained in Brown v. WEC, 2025 WI 5 , ¶7, 414 Wis. 2d 601 , 16 N.W.3d 619 , “[§] 5.06(1) provides a means by which [an individual] … may challenge the decisions of local election officials … if she or he believes that a local election official’s decision-making violates the law.”11 The statute provides that the Commission may conduct an investigation and hold a hearing “on the matter in the manner prescribed for treatment of contested cases under [WIS.	1	2025–2025
Linzmeyer v. Forcey green wis · 2002 2 sentences 2022STAT. § 19.35(1)(am)), with Linzmeyer v. Forcey, 2002 WI 84, ¶6 , 254 Wis. 2d 306 , 646 N.W.2d 811 (affirming the release of public records after concluding that the investigation exception was not applicable). 2022STAT. § 19.35(1)(am)), with Linzmeyer v. Forcey, 2002 WI 84, ¶6 , 254 Wis. 2d 306 , 646 N.W.2d 811 (affirming the release of public records after concluding that the investigation exception was not applicable).	1	2022–2022
Hakes v. Labor & Industry Review Commission green wisctapp · 1994 2 sentences 2020Robles 7 provides no legal authority to support his claim that the law requires such an investigation requirement or a standardized procedure pursuant to which the hearing is to be conducted. ¶15 Robles’s argument is similar to the argument made in Hakes v. LIRC, 187 Wis. 2d 582 , 523 N.W.2d 155 (Ct. App. 1994). 2020Robles 7 provides no legal authority to support his claim that the law requires such an investigation requirement or a standardized procedure pursuant to which the hearing is to be conducted. ¶15 Robles’s argument is similar to the argument made in Hakes v. LIRC, 187 Wis. 2d 582 , 523 N.W.2d 155 (Ct. App. 1994).	1	2020–2020
LaFleur v. Hollier Floor Covering, Inc. green lactapp · 2000 1 sentence 2012Id. at 360 .	1	2012–2012
Roe v. State green wis · 1980 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
State v. Pitsch green wis · 1985 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
State v. Harper green wis · 1973 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
Strickland v. Washington green scotus · 1984 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
State v. Love green wis · 2005 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
State v. Bowie green wis · 1979 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
State v. Felton green wis · 1983 2 sentences 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t 2007Majority op., ¶ 62. ¶ 92 The Sixth Amendment right "to have the Assistance of Counsel" is the right to effective assistance of counsel. [3] Effective assistance of counsel requires "an adequate investigation of the facts of the case, consideration of viable theories, and development of evidence to support those theories." [4] Since Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the seminal case on ineffective assistance of counsel, the United States Supreme Court has become more exacting in analyzing investigatory failures. [5] ¶ 93 The type and intensity of t	1	2007–2007
Ibrahim v. Samore green wis · 1984 2 sentences 1986Ibrahim v. Samore , 118 Wis.2d 720 , 726-27 , 348 N.W.2d 554 (1984). 1986Ibrahim v. Samore , 118 Wis.2d 720 , 726-27 , 348 N.W.2d 554 (1984).	1	1986–1986
Wisconsin's Environmental Decade, Inc. v. Public Service Commission green wis · 1978 2 sentences 1981Section 196.20 (2), Stats., provides: "No change in schedules which constitutes an increase in rates to consumers shall be made except by order of the commission, after an investigation and hearing." The Wisconsin Supreme Court, in Wis. Environmental Decade v. Public Service Comm ., 81 Wis.2d 344 , 260 N.W.2d 712 (1978), discussed the procedural requirements mandated in sec. 196.20 (2), Stats., in reference to an "expanded adjustment clause." The expanded adjustment clause requested by Wisconsin Electric Power Company would have included, in addition to fuel, such expense items as purchased po 1981Section 196.20 (2), Stats., provides: "No change in schedules which constitutes an increase in rates to consumers shall be made except by order of the commission, after an investigation and hearing." The Wisconsin Supreme Court, in Wis. Environmental Decade v. Public Service Comm ., 81 Wis.2d 344 , 260 N.W.2d 712 (1978), discussed the procedural requirements mandated in sec. 196.20 (2), Stats., in reference to an "expanded adjustment clause." The expanded adjustment clause requested by Wisconsin Electric Power Company would have included, in addition to fuel, such expense items as purchased po	1	1981–1981
Milwaukee & Suburban Transport Corp. v. Public Service Commission neutral scotus · 1955 1 sentence 1978Milwaukee & Suburban Transport Corp. v. Public Service Commission, 268 Wis. 573 , 68 N.W.2d 552 (1955), appeal dismissed, 350 U.S. 877 . 3 Sec. 196.20(2), Stats., provides: “No change in schedules which constitutes an increase in rates to consumers shall be made except by order of the commission, after an investigation and hearing.” 4 We find the expanded adjustment clause in this case to be invalid, because it circumvents the public hearing requirement mandated by the statute.	1	1978–1978
Milwaukee & Suburban Transport Corp. v. Public Service Commission neutral wis · 1955 1 sentence 1978Milwaukee & Suburban Transport Corp. v. Public Service Commission, 268 Wis. 573 , 68 N.W.2d 552 (1955), appeal dismissed, 350 U.S. 877 . 3 Sec. 196.20(2), Stats., provides: “No change in schedules which constitutes an increase in rates to consumers shall be made except by order of the commission, after an investigation and hearing.” 4 We find the expanded adjustment clause in this case to be invalid, because it circumvents the public hearing requirement mandated by the statute.	1	1978–1978
Southern S. S. Co. v. National Labor Relations Board red ca3 · 1941 1 sentence 1944To the acts of the board in ordering and conducting and certifying the result of a referendum there is applicable, by analogy, the court's statement in Southern S. S. Co. v. National Labor Relations Board (3d Cir.), 120 F.2d 505 , 506 — "A certification proceeding is of a nonadversary, fact-finding character in which the board plays the part of a disinterested investigator seeking merely to ascertain the desires of the employees as to their representation." See also National Labor Relations Board v. Botany Worsted Mills (3d Cir.), 133 F.2d 876 , 882 , in respect to an investigation preliminary	1	1944–1944
National Labor Relations Board v. Botany Worsted Mills green ca3 · 1943 1 sentence 1944To the acts of the board in ordering and conducting and certifying the result of a referendum there is applicable, by analogy, the court's statement in Southern S. S. Co. v. National Labor Relations Board (3d Cir.), 120 F.2d 505 , 506 — "A certification proceeding is of a nonadversary, fact-finding character in which the board plays the part of a disinterested investigator seeking merely to ascertain the desires of the employees as to their representation." See also National Labor Relations Board v. Botany Worsted Mills (3d Cir.), 133 F.2d 876 , 882 , in respect to an investigation preliminary	1	1944–1944
First Nat. Bank of Albuquerque v. Albright green scotus · 1908 1 sentence 1934Wadhams Oil Co. v. Tracy, 141 Wis. 150 , 123 N. W. 785 ; Benz v. Kremer, 142 Wis. 1 , 125 N. W. 99 ; First National Bank v. Albright, 208 U. S. 548 , 28 Sup. Ct. 349.	1	1934–1934
Wadhams Oil Co. v. Tracy, State Supervisor of Inspectors of Illuminating Oils green wis · 1909 2 sentences 1934Wadhams Oil Co. v. Tracy, 141 Wis. 150 , 123 N. W. 785 ; Benz v. Kremer, 142 Wis. 1 , 125 N. W. 99 ; First National Bank v. Albright, 208 U. S. 548 , 28 Sup. Ct. 349. 1934Wadhams Oil Co. v. Tracy, 141 Wis. 150 , 123 N. W. 785 ; Benz v. Kremer, 142 Wis. 1 , 125 N. W. 99 ; First National Bank v. Albright, 208 U. S. 548 , 28 Sup. Ct. 349.	1	1934–1934
Benz v. Kremer green wis · 1910 2 sentences 1934Wadhams Oil Co. v. Tracy, 141 Wis. 150 , 123 N. W. 785 ; Benz v. Kremer, 142 Wis. 1 , 125 N. W. 99 ; First National Bank v. Albright, 208 U. S. 548 , 28 Sup. Ct. 349. 1934Wadhams Oil Co. v. Tracy, 141 Wis. 150 , 123 N. W. 785 ; Benz v. Kremer, 142 Wis. 1 , 125 N. W. 99 ; First National Bank v. Albright, 208 U. S. 548 , 28 Sup. Ct. 349.	1	1934–1934

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

MI 67 (1901–2025) NY 59 (1907–2025) TX 56 (1945–2025) CA 54 (1928–2026) LA 35 (1974–2025) IL 30 (1934–2026) OH 27 (1932–2026) PA 22 (1948–2023) NJ 19 (1923–2025) IN 16 (1895–2017) MS 16 (1944–2021) OK 15 (1920–2012) FL 15 (1959–2021) CO 14 (1984–2018) MO 14 (1907–2024) WI 14 (1934–2025) MA 12 (1892–2013) OR 11 (1926–2017) GA 11 (1899–2026) WA 10 (1920–2024) AL 8 (1915–2005) MT 8 (1994–2013) NC 8 (1893–2014) MN 8 (1891–2015) WV 8 (1986–2025) MD 7 (1964–2024) TN 7 (1962–2024) ND 7 (1979–2009) ID 6 (1972–2026) AK 5 (1970–2024) IA 4 (1922–2018) ME 4 (2005–2020) AZ 4 (1985–2016) NM 4 (1994–2012) CT 4 (1991–2011) SC 4 (2008–2025) DE 3 (2022–2023) SD 3 (1984–2009) KY 3 (2002–2014) VA 2 (1898–1980) DC 2 (2012–2016) HI 2 (1978–2003) KS 2 (1949–2004) NE 2 (1945–1946) RI 2 (1899–1994)

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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