11 Wisconsin opinions name it 2 courts 1981–2019 0 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 |
|---|---|---|
State v. Hubbardgreen2 sentences2019See Victor , 511 U.S. at 15 -16 , 114 S.Ct. 1239 (considering the constitutionality of a reasonable doubt instruction using the phrase "moral certainty" in light of the entire instructions given to the jury); State v. Hubbard , 2008 WI 92 , ¶27, 313 Wis. 2d 1 , 752 N.W.2d 839 ("Jury instructions are not to be judged in artificial isolation, but must be viewed in the context of the overall charge."). 2019See Victor , 511 U.S. at 15 -16 , 114 S.Ct. 1239 (considering the constitutionality of a reasonable doubt instruction using the phrase "moral certainty" in light of the entire instructions given to the jury); State v. Hubbard , 2008 WI 92 , ¶27, 313 Wis. 2d 1 , 752 N.W.2d 839 ("Jury instructions are not to be judged in artificial isolation, but must be viewed in the context of the overall charge."). | 1 | 2 |
Victor v. Nebraskagreen2 sentences2019See Victor , 511 U.S. at 15 -16 , 114 S.Ct. 1239 (considering the constitutionality of a reasonable doubt instruction using the phrase "moral certainty" in light of the entire instructions given to the jury); State v. Hubbard , 2008 WI 92 , ¶27, 313 Wis. 2d 1 , 752 N.W.2d 839 ("Jury instructions are not to be judged in artificial isolation, but must be viewed in the context of the overall charge."). 2019See Victor , 511 U.S. at 15 -16 , 114 S.Ct. 1239 (considering the constitutionality of a reasonable doubt instruction using the phrase "moral certainty" in light of the entire instructions given to the jury); State v. Hubbard , 2008 WI 92 , ¶27, 313 Wis. 2d 1 , 752 N.W.2d 839 ("Jury instructions are not to be judged in artificial isolation, but must be viewed in the context of the overall charge."). | 1 | 1 |
Miller v. Kimgreen2 sentences2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads 2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads | 1 | 1 |
Gregory Resnover v. Linley E. Pearson, Attorney General of Indiana, and Richard Clark, Superintendent, Indiana State Prisongreen1 sentence2005See Resnover v. Pearson, 965 F.2d 1453 , 1463 *643 (7th Cir. 1992). | 1 | 1 |
Fischer Ex Rel. Fischer v. Ganjugreen2 sentences1995Fischer v. Ganju, 168 Wis. 2d 834, 849-50 , 485 N.W.2d 10, 16 (1992). 1995Fischer v. Ganju, 168 Wis. 2d 834, 849-50 , 485 N.W.2d 10, 16 (1992). | 1 | 1 |
State v. Burkmangreen2 sentences1981In our recent decision, State v. Burkman, 96 Wis. 2d 630 , 292 N.W.2d 641 (1980), we concluded that the crime of operating a motor vehicle while under the influence of an intoxicant had two elements: “(1) that the defendant was driving or operating' a motor vehicle; and (2) that the defendant was under the influence of an intoxicant at the time that he was driving or operating the motor vehicle.” Id. at 644 (emphasis added). 1981In our recent decision, State v. Burkman, 96 Wis. 2d 630 , 292 N.W.2d 641 (1980), we concluded that the crime of operating a motor vehicle while under the influence of an intoxicant had two elements: “(1) that the defendant was driving or operating' a motor vehicle; and (2) that the defendant was under the influence of an intoxicant at the time that he was driving or operating the motor vehicle.” Id. at 644 (emphasis added). | 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. Lohmeier
green
2 sentences2011The reviewing court should not examine the challenged jury instruction in isolation but rather "should view the jury instructions in light of the proceedings as a whole." Id. at 194 . 2011Upon review, we consider the challenged jury instruction "in light of the proceedings as a whole, instead of viewing a single instruction in artificial isolation." Lohmeier, 205 Wis. 2d at 194 . ¶ 130. | 2 | 2011–2011 |
Davis v. United States
green
2 sentences2019These rules are historically grounded rights of our system, developed to safeguard men from dubious and unjust convictions, with resulting forfeitures of life, liberty and property." Davis v. United States , [ 160 U.S. 469 , 488, 16 S.Ct. 353 , 40 L.Ed. 499 (1895) ], stated that the requirement is implicit in "constitutions ... [which] recognize the fundamental principles that are deemed essential for the protection of life and liberty." Id. at 362. ¶42 We therefore address this jury instruction challenge as a matter of constitutional law arising *186 under due process. *579 In evaluating the 2019These rules are historically grounded rights of our system, developed to safeguard men from dubious and unjust convictions, with resulting forfeitures of life, liberty and property." Davis v. United States , [ 160 U.S. 469 , 488, 16 S.Ct. 353 , 40 L.Ed. 499 (1895) ], stated that the requirement is implicit in "constitutions ... [which] recognize the fundamental principles that are deemed essential for the protection of life and liberty." Id. at 362. ¶42 We therefore address this jury instruction challenge as a matter of constitutional law arising *186 under due process. *579 In evaluating the | 1 | 2019–2019 |
State v. Joseph T. Langlois
green
2 sentences2019In determining whether a challenged jury instruction correctly informs the jury, I review “‘the jury instructions as a whole to determine whether the overall meaning communicated by the instructions was a correct statement of the law.’” State v. Langlois, 2018 WI 73, ¶38 , 382 Wis. 2d 414 , 913 N.W.2d 812 (quoted source omitted). ¶9 The circuit court has broad discretion to choose the language and emphasis of jury instructions, which includes the decision to grant or deny a request to give a particular instruction. 2019In determining whether a challenged jury instruction correctly informs the jury, I review “‘the jury instructions as a whole to determine whether the overall meaning communicated by the instructions was a correct statement of the law.’” State v. Langlois, 2018 WI 73, ¶38 , 382 Wis. 2d 414 , 913 N.W.2d 812 (quoted source omitted). ¶9 The circuit court has broad discretion to choose the language and emphasis of jury instructions, which includes the decision to grant or deny a request to give a particular instruction. | 1 | 2019–2019 |
Finley Ex Rel. Reinhardt v. Culligan
green
2 sentences2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads 2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads | 1 | 2019–2019 |
State v. Harvey
green
1 sentence2014(Emphasis added.) Although Wis. Stat. § 805.18 specifically applies to civil procedure, this statute is applicable to criminal proceedings through Wis. Stat. § 972.11 (1).11 Harvey, 254 Wis. 2d 442, ¶39 . ¶32 In Harvey, this court addressed the application of harmless error analysis in the context of a challenged jury instruction. | 1 | 2014–2014 |
State v. Neuser
green
2 sentences2007State v. Neuser, 191 Wis. 2d 131, 136 , 528 N.W.2d 49 (Ct. App. 1995). 14 The State also argues that Cockrell waived his right to object on this ground because he did not move for a mistrial. 2007State v. Neuser, 191 Wis. 2d 131, 136 , 528 N.W.2d 49 (Ct. App. 1995). 14 The State also argues that Cockrell waived his right to object on this ground because he did not move for a mistrial. | 1 | 2007–2007 |
State v. Avila
green
2 sentences1996State v. Avila, 192 Wis. 2d 870, 889 , 532 N.W.2d 423 (1995) (emphasis added). [2-4] We conclude that the proper standard for Wisconsin courts to apply when a defendant contends that the interplay of legally correct instructions impermissibly misled the jury is whether there is a reasonable likelihood that the jury applied the challenged instructions in a manner that violates the constitution. 1996State v. Avila, 192 Wis. 2d 870, 889 , 532 N.W.2d 423 (1995) (emphasis added). [2-4] We conclude that the proper standard for Wisconsin courts to apply when a defendant contends that the interplay of legally correct instructions impermissibly misled the jury is whether there is a reasonable likelihood that the jury applied the challenged instructions in a manner that violates the constitution. | 1 | 1996–1996 |
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.