11 Wisconsin opinions name it 2 courts 1957–2025 4 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 |
|---|---|---|
United States v. Richard Eugene Smithgreen2 sentences2025See id. (“[D]efense counsel’s failure to request a lesser-included offense instruction was reasonable despite counsel’s subjective averment that he overlooked the availability of such a defense.” (citing United States v. Smith, 10 F.3d 724, 728 (10th Cir. 1993))). 2001Id. at 728-29 . | 1 | 2 |
State v. Kimbroughgreen1 sentence2025See id. (“[D]efense counsel’s failure to request a lesser-included offense instruction was reasonable despite counsel’s subjective averment that he overlooked the availability of such a defense.” (citing United States v. Smith, 10 F.3d 724, 728 (10th Cir. 1993))). | 1 | 1 |
Walton v. Arizonared1 sentence2024See Walton v. Arizona, 497 U.S. 639, 653 (1990) (stating that in making their decisions, “[t]rial judges are presumed to know the law”), overruled on other grounds by Ring v. Arizona, 536 U.S. 584, 589 (2002). 5 No. 2023AP355-CR petition that he learned post-plea that if his son had been called to testify, he would have attempted to testify in a manner supportive of Decker. | 1 | 1 |
Ring v. Arizonagreen1 sentence2024See Walton v. Arizona, 497 U.S. 639, 653 (1990) (stating that in making their decisions, “[t]rial judges are presumed to know the law”), overruled on other grounds by Ring v. Arizona, 536 U.S. 584, 589 (2002). 5 No. 2023AP355-CR petition that he learned post-plea that if his son had been called to testify, he would have attempted to testify in a manner supportive of Decker. | 1 | 1 |
Sundberg v. Mansourgreen1 sentence1996In Sundberg v. Mansour, 627 F. Supp. 616, 621 (W.D. | 1 | 1 |
Fransen v. Iowa Department of Human Servicesgreen1 sentence1996Fransen v. Iowa Dep't of Human Servs., 376 N.W.2d 903, 907-08 (Iowa 1985) (footnote omitted). 45 C.F.R. § 233.20 (a)(3)(ii)(D) provides that in determining eligibility for AFDC benefits, a state plan must provide that: "Income . . . and resources available for current use shall be considered. | 1 | 1 |
Deel v. Jacksongreen1 sentence1996"Applications of the availability principle have . .. been consistent with the purpose that the rule seeks to achieve — precluding the fictional imputation of income to AFDC applicants from relatives and housemates who never actually contribute to the AFDC assistance unit." Deel, 862 F.2d at 1084 (emphasis added). | 1 | 1 |
Heckler v. Turnergreen2 sentences1996The Supreme Court noted in Heckler v. Turner, 470 U.S. 184, 200 , 1 5 S. Ct. 1138 , 1147, 84 L.Ed.2d 138, 150 (1985), that the availability principle serves to prevent states from "imputing financial support from persons who have no obligation to furnish it." This language suggests that the practice of "deeming" or imputing income to be available to an AFDC recipient is improper only when there is no legal obligation of support existing between the AFDC recipient and the person whose income is "deemed" available to the recipient. 1996The Supreme Court noted in Heckler v. Turner, 470 U.S. 184, 200 , 1 5 S. Ct. 1138 , 1147, 84 L.Ed.2d 138, 150 (1985), that the availability principle serves to prevent states from "imputing financial support from persons who have no obligation to furnish it." This language suggests that the practice of "deeming" or imputing income to be available to an AFDC recipient is improper only when there is no legal obligation of support existing between the AFDC recipient and the person whose income is "deemed" available to the recipient. | 1 | 1 |
Culombe v. Connecticutgreen1 sentence1986In In Re Gault, 387 U.S. 1, 49 (1967), the Supreme Court noted that "the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites." The essence of the fifth amendment privilege against self-incrimination is "the requirement that the State which proposes to convict and punish an individual produce the evidence against him by the independent labor of its officers, not by the simple, cruel expedient of forcing it from his own lips." Culombe v. Connecticut, 367 U.S | 1 | 1 |
In Re GAULTgreen1 sentence1986In In Re Gault, 387 U.S. 1, 49 (1967), the Supreme Court noted that "the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites." The essence of the fifth amendment privilege against self-incrimination is "the requirement that the State which proposes to convict and punish an individual produce the evidence against him by the independent labor of its officers, not by the simple, cruel expedient of forcing it from his own lips." Culombe v. Connecticut, 367 U.S | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. McIntosh
green
2 sentences2025Hoffman claimed, in part, that trial counsel failed to inform him that under State v. McIntosh, 137 Wis. 2d 339 , 404 N.W.2d 557 (Ct. App. 1987), his amnesia allowed him to contest his ability to be fairly tried, and if he had known of the availability of this defense, he would not have pled no contest and would have instead taken his case to trial. ¶5 Following a Machner2 hearing, the circuit court denied Hoffman’s motion. 2025Hoffman claimed, in part, that trial counsel failed to inform him that under State v. McIntosh, 137 Wis. 2d 339 , 404 N.W.2d 557 (Ct. App. 1987), his amnesia allowed him to contest his ability to be fairly tried, and if he had known of the availability of this defense, he would not have pled no contest and would have instead taken his case to trial. ¶5 Following a Machner2 hearing, the circuit court denied Hoffman’s motion. | 2 | 2024–2025 |
State v. Nelson
green
2 sentences1987"The appropriate procedure is for the trial court, either upon objection raised by the defense or upon motion of the prosecutor, to hold a separate availability hearing prior to the admission of the *747 disputed testimony.” Nelson, 138 Wis. 2d at 441 , 406 N.W.2d at 394 . 1987"The appropriate procedure is for the trial court, either upon objection raised by the defense or upon motion of the prosecutor, to hold a separate availability hearing prior to the admission of the *747 disputed testimony.” Nelson, 138 Wis. 2d at 441 , 406 N.W.2d at 394 . | 2 | 1987–1988 |
Strickland v. Washington
green
1 sentence2024We need not “address both components of the inquiry if the defendant makes an insufficient showing on one.” Strickland, 466 U.S. at 697 . ¶15 Rosalez argues that under McIntosh, his amnesia allowed him to contest his ability to be fairly tried, and if he had known of the availability of this defense, he would not have pleaded no contest and would have instead taken his case to trial. | 1 | 2024–2024 |
King v. Smith
green
1 sentence1996For example, in King v. Smith, 392 U.S. 309 , 319-320 & n.16 (1968), the Court held that Alabama could not deny assistance to otherwise eligible children solely because their mother cohabited with a "substitute father" without regard to whether the "father" actually contributed to the children's support. | 1 | 1996–1996 |
United States v. Inadi
green
1 sentence1990Id. | 1 | 1990–1990 |
Trustees of Clinton Lodge No. 152 v. Rock County
green
2 sentences1957Appellant submits that the board of review measured the nonexempt use by the availability of part of the clubhouse for nonexempt use and that the availability standard was disapproved by this court in Trustees of Clinton Lodge v. Rock County (1937), 224 Wis. 168 , 272 N. W. 5 . 1957Appellant submits that the board of review measured the nonexempt use by the availability of part of the clubhouse for nonexempt use and that the availability standard was disapproved by this court in Trustees of Clinton Lodge v. Rock County (1937), 224 Wis. 168 , 272 N. W. 5 . | 1 | 1957–1957 |
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.