burden of proof analysis in Wisconsin

12 Wisconsin opinions name it 3 courts 1979–2026 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.

Followed or applied (5)

Case	Followed	Cited
State v. Verhagengreen wisctapp · 1995 · cited in 1 Wisconsin opinions naming this issue, 2016–2016 1 sentence 2016The last factor involves a judicial estimate of probabilities, which "recognizes that the 'risk of failure of proof may be placed upon the party who contends that the more unusual has occurred.' " Verhagen, 198 Wis. 2d at 188 (citations omitted).	1	1
Johnson v. United Statesgreen scotus · 1997 · cited in 1 Wisconsin opinions naming this issue, 1998–1998 2 sentences 1998See Johnson v. 482 United States, 520 U.S. 461 , 117 S.Ct. 1544, 1549 (1997) (distinguishing Sullivan from instances where the jury is improperly instructed on an element of the offense, "an error which is subject to harmless-error analysis"). 1998See Johnson v. 482 United States, 520 U.S. 461 , 117 S.Ct. 1544, 1549 (1997) (distinguishing Sullivan from instances where the jury is improperly instructed on an element of the offense, "an error which is subject to harmless-error analysis").	1	1
State v. Eisongreen wisctapp · 1994 · cited in 1 Wisconsin opinions naming this issue, 1995–1995 1 sentence 1995See Eison, 188 Wis. 2d at 309 (Fine, J. concurring).	1	1
Karl v. Employers Insurance of Wausaugreen wis · 1977 · cited in 1 Wisconsin opinions naming this issue, 1994–1994 2 sentences 1994When seeking to impose subrogation under an express contractual provision, the proof is presumably the existence, see, Rixmann, 83 Wis. 2d at 582 ; Rennick v. Fruehauf Corp., 82 Wis. 2d 793, 807 , 264 N.W.2d 264 (1978); Karl v. Employers Ins. of Wausau, 78 Wis. 2d 284, 302, 254 N.W.2d 255 (1977), and also applicability of the provision. 1994When seeking to impose subrogation under an express contractual provision, the proof is presumably the existence, see, Rixmann, 83 Wis. 2d at 582 ; Rennick v. Fruehauf Corp., 82 Wis. 2d 793, 807 , 264 N.W.2d 264 (1978); Karl v. Employers Ins. of Wausau, 78 Wis. 2d 284, 302, 254 N.W.2d 255 (1977), and also applicability of the provision.	1	1
Iannelli v. United Statesgreen scotus · 1975 · cited in 1 Wisconsin opinions naming this issue, 1979–1979 2 sentences 1979The elements of second degree murder are more complicated than those of first degree. see Ianelli v. United States, 420 U.S. 770, 778-79 (1975). 1979The elements of second degree murder are more complicated than those of first degree. [26] See lanelli v. United States, 420 U.S. 770, 778-79 (1975).	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 (11)

Case	Cited	Years
Data Key Partners v. Permira Advisors LLC green wis · 2014 2 sentences 2026Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 . 2026Data Key Partners v. Permira Advisers LLC, 2014 WI 86, ¶17 , 356 Wis. 2d 665 , 849 N.W.2d 693 .	1	2026–2026
State v. Avila green wis · 1995 1 sentence 2020Williams recognizes that, in State v. Avila, 192 Wis. 2d 870 , 535 N.W.2d 440 (1995), our supreme court rejected the same challenge to the standard burden of proof instruction and held that it was not reasonably likely that the instruction reduced the burden of proof below the reasonable doubt standard.	1	2020–2020
State v. Austin green wisctapp · 2013 1 sentence 2018In the instant case, while instructing the jury on the charges of first- and second-degree reckless homicide, the circuit court 11 Austin, 349 Wis. 2d 744, ¶19 . 7 No. 2016AP1409-CR.ssa properly explained the State's burden of proof related to self- defense, but it did not repeat the burden of proof applicable to that defense when instructing the jury on the charge of homicide by negligent handling of a dangerous weapon. ¶88 As was the case in Austin, the error in not repeating the burden of proof instruction when instructing the jury on the charge of homicide by negligent handling of a danger	1	2018–2018
Pope v. Illinois green scotus · 1987 1 sentence 1997Pope, 481 U.S. at 502-03 .	1	1997–1997
Sandstrom v. Montana green scotus · 1979 1 sentence 1997The Pope Court cited Rose v. Clark, 478 U.S. 570 (1986), as an example where the harmless error analysis was appropriate because the jury instruction did not "entirely preclude" the jury from considering the element of malice, even though it shifted the burden of proof in violation of Sandstrom v. Montana, 442 U.S. 510 (1979).	1	1997–1997
Rose v. Clark green scotus · 1986 1 sentence 1997The Pope Court cited Rose v. Clark, 478 U.S. 570 (1986), as an example where the harmless error analysis was appropriate because the jury instruction did not "entirely preclude" the jury from considering the element of malice, even though it shifted the burden of proof in violation of Sandstrom v. Montana, 442 U.S. 510 (1979).	1	1997–1997
Rixmann v. Somerset Public Schools green wis · 1978 2 sentences 1994When seeking to impose subrogation under an express contractual provision, the proof is presumably the existence, see, Rixmann, 83 Wis. 2d at 582 ; Rennick v. Fruehauf Corp., 82 Wis. 2d 793, 807 , 264 N.W.2d 264 (1978); Karl v. Employers Ins. of Wausau, 78 Wis. 2d 284, 302 , 254 N.W.2d 255 (1977), and also applicability of the provision. 1994When seeking to impose subrogation under an express contractual provision, the proof is presumably the existence, see, Rixmann, 83 Wis. 2d at 582 ; Rennick v. Fruehauf Corp., 82 Wis. 2d 793, 807 , 264 N.W.2d 264 (1978); Karl v. Employers Ins. of Wausau, 78 Wis. 2d 284, 302, 254 N.W.2d 255 (1977), and also applicability of the provision.	1	1994–1994
Rennick v. Fruehauf Corp. green wis · 1978 2 sentences 1994When seeking to impose subrogation under an express contractual provision, the proof is presumably the existence, see, Rixmann, 83 Wis. 2d at 582 ; Rennick v. Fruehauf Corp., 82 Wis. 2d 793, 807 , 264 N.W.2d 264 (1978); Karl v. Employers Ins. of Wausau, 78 Wis. 2d 284, 302, 254 N.W.2d 255 (1977), and also applicability of the provision. 1994When seeking to impose subrogation under an express contractual provision, the proof is presumably the existence, see, Rixmann, 83 Wis. 2d at 582 ; Rennick v. Fruehauf Corp., 82 Wis. 2d 793, 807 , 264 N.W.2d 264 (1978); Karl v. Employers Ins. of Wausau, 78 Wis. 2d 284, 302, 254 N.W.2d 255 (1977), and also applicability of the provision.	1	1994–1994
State v. Pope green wisctapp · 1982 2 sentences 1989Citing State v. Pope, 107 Wis. 2d 726, 729-30 , 321 N.W.2d 359 (Ct. App. 1982), Franklin contends that, just as the original sentencing hearing does not require a burden of proof standard, neither should a motion for modification. 1989Citing State v. Pope, 107 Wis. 2d 726, 729-30 , 321 N.W.2d 359 (Ct. App. 1982), Franklin contends that, just as the original sentencing hearing does not require a burden of proof standard, neither should a motion for modification.	1	1989–1989
Bengston v. Estes green wis · 1952 2 sentences 1986In Bengston v. Estes, 260 Wis. 595, 598-99 , 51 N.W.2d 539 (1952), we concluded that the addition of the word "clear" in a burden of proof instruction, without some additional qualifying adjective like "clear and satisfactory" or "clear and convincing" was itself sufficient to indicate the middle burden of proof. 1986In Bengston v. Estes, 260 Wis. 595, 598-99 , 51 N.W.2d 539 (1952), we concluded that the addition of the word "clear" in a burden of proof instruction, without some additional qualifying adjective like "clear and satisfactory" or "clear and convincing" was itself sufficient to indicate the middle burden of proof.	1	1986–1986
Addington v. Texas green scotus · 1979 1 sentence 1979FRED A. RISSER, President Senate Committee on Organization On behalf of the Senate Organization Committee you have asked whether the burden of proof standard for involuntary civil commitments under sec. 51.20 (13) (e), Stats., can survive the decision of the United States Supreme Court in Addington v. Texas , 99 S.Ct. 1804 (1979).	1	1979–1979

Statutes the citing opinions construe

WI § Wis. Stat. § 974.06 (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 79 (1903–2025) MO 68 (1935–2020) LA 55 (1952–2024) IL 49 (1963–2026) CA 42 (1923–2026) WA 24 (1978–2024) KS 23 (1968–2024) CT 19 (1979–2020) FL 17 (1989–2018) OH 15 (1990–2025) NY 13 (1949–2012) WI 12 (1979–2026) OK 11 (1924–2011) KY 11 (1975–2025) IN 11 (1975–2019) MD 11 (1933–2011) DE 9 (1973–2026) NJ 9 (1978–2021) AZ 9 (1986–2020) PA 9 (1968–2019) MA 9 (1973–2019) UT 8 (1986–2025) MS 8 (1987–2004) NE 8 (1992–2018) ME 7 (1978–2017) MN 7 (1959–2005) MI 7 (1985–2005) HI 7 (1974–2013) VA 6 (1980–2020) NC 6 (1925–2009) CO 6 (1991–2025) TN 5 (1982–2020) AL 4 (1958–2000) OR 4 (1976–2025) NH 4 (1988–2022) DC 4 (1979–2022) AK 4 (1970–1995) IA 3 (1984–2024) SC 3 (1995–2008) AR 3 (1989–2002) MT 3 (1968–2004) WY 3 (1991–2006) NM 2 (1969–1974) WV 2 (2014–2021) SD 2 (1998–1998) GA 2 (1972–2022) VT 2 (1985–2011)

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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