application of a constitutional standard (Wisconsin) · Go Syfert
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application of a constitutional standard in Wisconsin

11 Wisconsin opinions name it 2 courts 1995–2026 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 (2)

CaseFollowedCited
State v. Riddlegreen
wisctapp · 1995 · cited in 1 Wisconsin opinions naming this issue, 1997–1997
2 sentences

1997See State v. Riddle, 192 Wis. 2d 470, 475 , 531 N.W.2d 408, 410 (Ct. App. 1995) (we review the application of a constitutional standard to undisputed facts without deference to the trial court).

1997See State v. Riddle, 192 Wis. 2d 470, 475 , 531 N.W.2d 408, 410 (Ct. App. 1995) (we review the application of a constitutional standard to undisputed facts without deference to the trial court).

11
State v. Guzygreen
wis · 1987 · cited in 1 Wisconsin opinions naming this issue, 1995–1995
2 sentences

1995See State v. Guzy, 139 Wis. 2d 663, 671 , 407 N.W.2d 548, 552 (1987).

1995See State v. Guzy, 139 Wis. 2d 663, 671 , 407 N.W.2d 548, 552 (1987).

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 (10)

CaseCitedYears
State v. Foust neutral
wisctapp · 1997
2 sentences

2004State v. Foust , 214 Wis. 2d 568, 571-72 , 570 N.W.2d 905 (Ct. App. 1997). ¶5 In State v. Peters , 2001 WI 74 , 244 Wis. 2d 470 , 628 N.W.2d 797 , the supreme court affirmed its recent holding in State v. Hahn , 2000 WI 118 , 238 Wis. 2d 889 , 618 N.W.2d 528 , that a defendant may not collaterally attack a prior conviction in a subsequent criminal case where the prior conviction enhances the subsequent sentence, except where the attack is based on an alleged violation of the defendant's right to counsel.

2004State v. Foust , 214 Wis. 2d 568, 571-72 , 570 N.W.2d 905 (Ct. App. 1997). ¶5 In State v. Peters , 2001 WI 74 , 244 Wis. 2d 470 , 628 N.W.2d 797 , the supreme court affirmed its recent holding in State v. Hahn , 2000 WI 118 , 238 Wis. 2d 889 , 618 N.W.2d 528 , that a defendant may not collaterally attack a prior conviction in a subsequent criminal case where the prior conviction enhances the subsequent sentence, except where the attack is based on an alleged violation of the defendant's right to counsel.

22004–2004
State v. Benzel green
wisctapp · 1998
2 sentences

2000Rather, "this case concerns the application of a constitutional principle that 'does not affect the basic accuracy of the factfinding process at trial.'" Id. (quoting Benzel, 220 Wis. 2d at 592 ).

2000Rather, "this case concerns the application of a constitutional principle that 'does not affect the basic accuracy of the factfinding process at trial.'" Id. (quoting Benzel, 220 Wis. 2d at 592 ).

21999–2000
State v. Klessig green
wis · 1997
1 sentence

2026Klessig, 211 Wis. 2d at 204 .

12026–2026
Davis v. United States green
scotus · 1994
2 sentences

2013This court measures independently "the historical facts against a uniform constitutional standard, benefiting from, but not deferring to, the circuit court's decision." Id. (citations omitted). ¶34 In Davis v. United States, 512 U.S. 452 (1994), the United States Supreme Court established the test of whether a statement invoked the right to counsel as follows: "[I]f a suspect makes a reference to an attorney that is ambiguous or equivocal in that a reasonable officer in light of the circumstances would have understood only that the suspect might be invoking the right to counsel, our precedents

2013This court measures independently "the historical facts against a uniform constitutional standard, benefiting from, but not deferring to, the circuit court's decision." Id. (citations omitted). ¶34 In Davis v. United States, 512 U.S. 452 (1994), the United States Supreme Court established the test of whether a statement invoked the right to counsel as follows: "[I]f a suspect makes a reference to an attorney that is ambiguous or equivocal in that a reasonable officer in light of the circumstances would have understood only that the suspect might be invoking the right to counsel, our precedents

12013–2013
State v. Jennings green
wis · 2002
2 sentences

2013We need not answer that question here because the State conceded that Edler had a right to invoke his Miranda rights during the police transport when the attempted interrogation was forthcoming. 16 No. 2011AP2916-CR during a custodial interrogation is determined by the application of a constitutional standard to historical facts." Jennings, 252 Wis. 2d 228, ¶25 .

2013"The legal sufficiency of a defendant's invocation of the right to counsel during a custodial interrogation is determined by the application of a constitutional standard to historical facts." Jennings, 252 Wis. 2d 228, ¶ 25 .

12013–2013
State v. Peters green
wis · 2001
2 sentences

2004State v. Foust , 214 Wis. 2d 568, 571-72 , 570 N.W.2d 905 (Ct. App. 1997). ¶5 In State v. Peters , 2001 WI 74 , 244 Wis. 2d 470 , 628 N.W.2d 797 , the supreme court affirmed its recent holding in State v. Hahn , 2000 WI 118 , 238 Wis. 2d 889 , 618 N.W.2d 528 , that a defendant may not collaterally attack a prior conviction in a subsequent criminal case where the prior conviction enhances the subsequent sentence, except where the attack is based on an alleged violation of the defendant's right to counsel.

2004State v. Foust , 214 Wis. 2d 568, 571-72 , 570 N.W.2d 905 (Ct. App. 1997). ¶5 In State v. Peters , 2001 WI 74 , 244 Wis. 2d 470 , 628 N.W.2d 797 , the supreme court affirmed its recent holding in State v. Hahn , 2000 WI 118 , 238 Wis. 2d 889 , 618 N.W.2d 528 , that a defendant may not collaterally attack a prior conviction in a subsequent criminal case where the prior conviction enhances the subsequent sentence, except where the attack is based on an alleged violation of the defendant's right to counsel.

12004–2004
State v. Hahn green
wis · 2000
2 sentences

2004State v. Foust , 214 Wis. 2d 568, 571-72 , 570 N.W.2d 905 (Ct. App. 1997). ¶5 In State v. Peters , 2001 WI 74 , 244 Wis. 2d 470 , 628 N.W.2d 797 , the supreme court affirmed its recent holding in State v. Hahn , 2000 WI 118 , 238 Wis. 2d 889 , 618 N.W.2d 528 , that a defendant may not collaterally attack a prior conviction in a subsequent criminal case where the prior conviction enhances the subsequent sentence, except where the attack is based on an alleged violation of the defendant's right to counsel.

2004State v. Foust , 214 Wis. 2d 568, 571-72 , 570 N.W.2d 905 (Ct. App. 1997). ¶5 In State v. Peters , 2001 WI 74 , 244 Wis. 2d 470 , 628 N.W.2d 797 , the supreme court affirmed its recent holding in State v. Hahn , 2000 WI 118 , 238 Wis. 2d 889 , 618 N.W.2d 528 , that a defendant may not collaterally attack a prior conviction in a subsequent criminal case where the prior conviction enhances the subsequent sentence, except where the attack is based on an alleged violation of the defendant's right to counsel.

12004–2004
State v. Hajicek green
wis · 2001
2 sentences

2004"Voluntariness is a question of constitutional fact because the determination requires the application of a constitutional standard to uncontroverted facts." State v. Hajicek, 2001 WI 3, ¶14 , 240 Wis. 2d 349 , 620 N.W.2d 781 .

2004"Voluntariness is a question of constitutional fact because the determination requires the application of a constitutional standard to uncontroverted facts." State v. Hajicek, 2001 WI 3, ¶14 , 240 Wis. 2d 349 , 620 N.W.2d 781 .

12004–2004
National Motorists Ass'n v. Office of the Commissioner of Insurance green
wisctapp · 2002
2 sentences

2003National Motorists' Ass'n v. OCI, 2002 WI App 308, ¶ 29 , 259 Wis. 2d 240 , 655 N.W.2d 179 . ¶ 24.

2003National Motorists' Ass'n v. OCI, 2002 WI App 308, ¶ 29 , 259 Wis. 2d 240 , 655 N.W.2d 179 . ¶ 24.

12003–2003
Watts v. Indiana green
scotus · 1949
2 sentences

2001Id. at 51 .

2001Id. at 51 .

12001–2001

Statutes the citing opinions construe

WI § Wis. Stat. § 346.63 (3) WI § Wis. Stat. § 805.17 (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 93 (1999–2026) WI 11 (1995–2026) CO 8 (2005–2020) FL 5 (2006–2014) TX 4 (1995–2003) AL 3 (2001–2012) MT 3 (2009–2025) OR 2 (1977–2001) OH 2 (2007–2020) TN 2 (1999–2008) VA 2 (2002–2005)

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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