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13 Wisconsin opinions name it 3 courts 1926–2023 1 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 |
|---|---|---|
Calero-Toledo v. Pearson Yacht Leasing Co.green2 sentences1998See id. at 667 . ¶ 40. 1998See id. at 667 . ¶ 40. | 1 | 1 |
Thomas C. Lossman v. Mary H. Pekarskegreen1 sentence1988When a child’s safety is threatened, that is justification enough for action first and hearing afterward.” Lossman, 707 F.2d at 291 (citation omitted). | 1 | 1 |
State v. I, a WOMAN-PART IIgreen2 sentences1978Compare Ibid. with State v. I, A Woman — Part II , 53 Wis.2d 102 , 112 , 113 , 191 N.W.2d 897 (1971), and cases cited. 1978Compare Ibid. with State v. I, A Woman — Part II , 53 Wis.2d 102 , 112 , 113 , 191 N.W.2d 897 (1971), and cases cited. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Foucha v. Louisiana
green
2 sentences2018The substantive right at issue is the right to "an adversary hearing at which the State must prove by clear and convincing evidence that he [continues to be] demonstrably dangerous to the community." Foucha , 504 U.S. at 81 , 112 S.Ct. 1780 . 2018The substantive right at issue is the right to "an adversary hearing at which the State must prove by clear and convincing evidence that he [continues to be] demonstrably dangerous to the community." Foucha , 504 U.S. at 81 , 112 S.Ct. 1780 . | 2 | 2018–2018 |
Withrow v. Larkin
green
2 sentences2005Id. at 57 . 2005Id. at 57 . | 2 | 2005–2005 |
Vitek v. Jones
green
1 sentence2023Vitek involved “whether the Due Process Clause of the Fourteenth Amendment entitles a prisoner convicted and incarcerated in … Nebraska to certain procedural 7 No. 2023AP533 protections, including notice, an adversary hearing, and provision of counsel, before he is transferred involuntarily to a state mental hospital for treatment of a mental disease or defect.” Vitek, 445 U.S. at 482-83 . | 1 | 2023–2023 |
Morrissey v. Brewer
green
2 sentences2004The Court stated that the full panoply of rights due a defendant in a criminal proceeding did not apply to parole revocation, *312 id. at 480 ; rather, the minimum requirements of due process required the following: (a) written notice of the claimed violations of parole; (b) disclosure to the parolee of evidence against him; (c) opportunity to be heard in person and to present witnesses and documentary evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a `neutral and detached' he 2004The Court stated that the full panoply of rights due a defendant in a criminal proceeding did not apply to parole revoca tion, id. at 480 ; rather, the minimum requirements of due process required the following: (a) written notice of the claimed violations of parole; (b) disclosure to the parolee of evidence against him; (c) opportunity to be heard in person and to present witnesses and documentary evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a 'neutral and detached' hearin | 1 | 2004–2004 |
Link v. Wabash Railroad
green
2 sentences1984Link held that the absence of express advance notice of the possibility of dismissal, and a pre-dismissal hearing, does not "necessarily render . . . a dismissal void." 370 U.S. at 632 . [The requirement of meaningful notice and opportunity to be heard] does not mean that every order entered *489 without notice and a preliminary adversary hearing offends due process. 1984Link held that the absence of express advance notice of the possibility of dismissal, and a pre-dismissal hearing, does not “necessarily render ... a dismissal void.” 370 U.S. at 632 . [The requirement of meaningful notice and opportunity to be heard] does not mean that every order entered without notice and a preliminary adversary hearing offends due process. | 1 | 1984–1984 |
Moody v. Daggett
green
1 sentence1980The court in Moody held that no constitutional duty exists to provide a final adversary hearing until the parolee is taken into custody by execution of the warrant. 429 U.S. at 89 . | 1 | 1980–1980 |
State v. Kois
green
2 sentences1971State v. Kois (1971), 51 Wis. 2d 668 , 188 N. W. 2d 467 . 1971State v. Kois (1971), 51 Wis. 2d 668 , 188 N. W. 2d 467 . | 1 | 1971–1971 |
Kingsley Books, Inc. v. Brown
green
2 sentences1971The procedure is stated in the court order to be ancillary to secs. 968.10, 968.12, and 968.13, relating to search warrants and it is claimed by the state to be necessary to protect the rights of the petitioners under those sections. *254 The requirement of an adversary hearing in obscenity cases was first considered in Kingsley Books, Inc. v. Brown (1957), 354 U. S. 436 , 77 Sup. Ct. 1325, 1 L. 1971The procedure is stated in the court order to be ancillary to secs. 968.10, 968.12, and 968.13, relating to search warrants and it is claimed by the state to be necessary to protect the rights of the petitioners under those sections. *254 The requirement of an adversary hearing in obscenity cases was first considered in Kingsley Books, Inc. v. Brown (1957), 354 U. S. 436 , 77 Sup. Ct. 1325, 1 L. | 1 | 1971–1971 |
A Quantity of Copies of Books v. Kansas
green
2 sentences1971The parties rely on A Quantity of Books v. Kansas (1964), 378 U. S. 205 , 84 Sup. Ct. 1723, 12 L. 1971The parties rely on A Quantity of Books v. Kansas (1964), 378 U. S. 205 , 84 Sup. Ct. 1723, 12 L. | 1 | 1971–1971 |
State v. Voshart
green
2 sentences1971In State v. Voshart (1968), 39 Wis. 2d 419 , 159 N. W. 2d 1 , we held obscene material illegally seized was contraband and need not be returned to its owner. 1971In State v. Voshart (1968), 39 Wis. 2d 419 , 159 N. W. 2d 1 , we held obscene material illegally seized was contraband and need not be returned to its owner. | 1 | 1971–1971 |
Will of Ball v. Boston
green
2 sentences1926Ball v. Boston, 153 Wis. 27, 37 , 141 N. W. 8 . 1926Ball v. Boston, 153 Wis. 27, 37 , 141 N. W. 8 . | 1 | 1926–1926 |
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.