claim of constitutional error (Wisconsin) · Go Syfert
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claim of constitutional error in Wisconsin

11 Wisconsin opinions name it 2 courts 1979–2020 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.

Followed or applied (4)

CaseFollowedCited
State v. Dyessgreen
wis · 1985 · cited in 6 Wisconsin opinions naming this issue, 1990–2020
2 sentences

2020"This court has frequently concluded that it need not address a claim of constitutional error if the claim can be resolved on statutory or common law grounds." State v. Dyess, 124 Wis. 2d 525, 533 , 370 N.W.2d 222 (1985) (citations omitted). 13 No. 2018AP712-FT principles favoring each party are appropriate considerations.

2020"This court has frequently concluded that it need not address a claim of constitutional error if the claim can be resolved on statutory or common law grounds." State v. Dyess, 124 Wis. 2d 525, 533 , 370 N.W.2d 222 (1985) (citations omitted). 13 No. 2018AP712-FT principles favoring each party are appropriate considerations.

46
Pluemer Ex Rel. Buggs v. Pluemergreen
wisctapp · 2009 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
1 sentence

2020See Pluemer, 322 Wis. 2d 138, ¶23 . ¶40 The circuit court in this case may also take up additional issues on remand.

11
In Re the Termination of Parental Rights to Marquette S.green
wis · 2007 · cited in 1 Wisconsin opinions naming this issue, 2017–2017
2 sentences

2017Similarly, "[t]his court has frequently concluded that it need not address a claim of constitutional error if the claim can be resolved on statutory or common law grounds." State v. Dyess, 124 Wis. 2d 525, 533 , 370 N.W.2d 222 (1985); see State v. Bobby G., 2007 WI 77, ¶ 3 , 301 Wis. 2d 531 , 734 N.W.2d 81 ("Because we can resolve the case on statutory grounds, we decline to address the constitutional issues presented . . . ."). ¶ 141.

2017Similarly, "[t]his court has frequently concluded that it need not address a claim of constitutional error if the claim can be resolved on statutory or common law grounds." State v. Dyess, 124 Wis. 2d 525, 533 , 370 N.W.2d 222 (1985); see State v. Bobby G., 2007 WI 77, ¶ 3 , 301 Wis. 2d 531 , 734 N.W.2d 81 ("Because we can resolve the case on statutory grounds, we decline to address the constitutional issues presented . . . ."). ¶ 141.

11
State v. Littrupgreen
wisctapp · 1991 · cited in 1 Wisconsin opinions naming this issue, 1993–1993
2 sentences

1993See State v. Littrup, 164 Wis. 2d 120, 132 , 473 N.W.2d 164, 168 (Ct. App. 1991) (after a defendant establishes a due process violation in sentencing process by clear and convincing evidence, the burden of persuasion to establish harmlessness rests with the state).

1993See State v. Littrup, 164 Wis. 2d 120, 132 , 473 N.W.2d 164, 168 (Ct. App. 1991) (after a defendant establishes a due process violation in sentencing process by clear and convincing evidence, the burden of persuasion to establish harmlessness rests with the state).

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 (5)

CaseCitedYears
State v. Lenarchick green
wis · 1976
2 sentences

1980We conclude that the claim of constitutional error is unfounded.” Id. at 443-44 .

1980We conclude that the claim of constitutional error is unfounded." Id. at 443-44 . [6] Recently, in Vogel v. State, 87 Wis.2d 541 , 275 N.W.2d 180 (Ct. App. 1979), the court of appeals relied on Lenarchick to arrive at a similar conclusion.

21979–1980
State v. Marsh green
wisctapp · 1993
2 sentences

2004State v. Marsh , 177 Wis. 2d 643, 653 , 502 N.W.2d 899 (Ct. App. 1993).

2004State v. Marsh , 177 Wis. 2d 643, 653 , 502 N.W.2d 899 (Ct. App. 1993).

12004–2004
Kollasch v. Adamany green
wis · 1981
2 sentences

1985Labor & Farm Party v. Elections Board, 117 Wis. 2d 351, 354 , 344 N.W.2d 177 (1984); Kollasch v. Adamany, 104 Wis. 2d 552, 561 , 313 N.W.2d 47 (1981).

1985Labor & Farm Party v. Elections Board, 117 Wis. 2d 351, 354 , 344 N.W.2d 177 (1984); Kollasch v. Adamany, 104 Wis. 2d 552, 561 , 313 N.W.2d 47 (1981).

11985–1985
Labor & Farm Party v. Elections Board green
wis · 1984
2 sentences

1985Labor & Farm Party v. Elections Board, 117 Wis. 2d 351, 354 , 344 N.W.2d 177 (1984); Kollasch v. Adamany, 104 Wis. 2d 552, 561 , 313 N.W.2d 47 (1981).

1985Labor & Farm Party v. Elections Board, 117 Wis. 2d 351, 354 , 344 N.W.2d 177 (1984); Kollasch v. Adamany, 104 Wis. 2d 552, 561 , 313 N.W.2d 47 (1981).

11985–1985
Vogel v. State green
wisctapp · 1979
2 sentences

1980We conclude that the claim of constitutional error is unfounded." Id. at 443-44 . [6] Recently, in Vogel v. State, 87 Wis.2d 541 , 275 N.W.2d 180 (Ct. App. 1979), the court of appeals relied on Lenarchick to arrive at a similar conclusion.

1980We conclude that the claim of constitutional error is unfounded." Id. at 443-44 . [6] Recently, in Vogel v. State, 87 Wis.2d 541 , 275 N.W.2d 180 (Ct. App. 1979), the court of appeals relied on Lenarchick to arrive at a similar conclusion.

11980–1980

Statutes the citing opinions construe

WI § Wis. Stat. § 903.03 (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

CT 574 (1982–2026) TX 18 (1997–2019) WA 18 (1950–2025) MI 11 (2002–2020) WI 11 (1979–2020) CA 8 (1967–2019) MO 6 (1986–2023) UT 5 (2005–2016) NY 5 (1969–2002) FL 4 (2000–2008) NM 4 (1988–2007) PA 3 (1966–2021) KS 3 (1994–2022) OH 2 (2003–2004) IN 2 (1987–1987) SC 2 (2016–2025) WV 2 (2013–2013) MA 2 (1997–2024) CO 2 (2002–2011) AK 2 (1984–2014) NC 2 (2024–2025)

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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