11 Wisconsin opinions name it 2 courts 1995–2026 5 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 |
|---|---|---|
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeahgreen1 sentence2024"At a minimum, the protections of the Free Exercise Clause pertain if the law at issue discriminates against some or all religious beliefs or regulates or prohibits conduct because it is undertaken for religious reasons." Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 532 (1993) (citations omitted); Emp. | 1 | 1 |
June Med. Servs., L.L.C. v. Geegreen1 sentence2024It may not . . . aid, foster, or promote one religion or religious theory against another . . . ."); see also Dunn v. Ray, 139 S. Ct. 661, 662 (2019) (Kagan, J., dissenting from grant of application to vacate stay) (describing denominational neutrality as "the Establishment Clause's core principle"). | 1 | 1 |
Berghuis v. Thompkinsgreen1 sentence2014For a survey of statements that have and have not been deemed equivocal, see Strauss, supra note 12, at 1061-62. 6 No. 2011AP1653-CR & 2012AP520-CR.ssa minimum, these decisions suggest that differentiating "clear" from "ambiguous" statements is often a subjective inquiry.14 ¶110 Because the majority opinion fails to uphold the broad protection mandated by Miranda and undermines the core principle of protecting the defendants' Fifth Amendment right against compelled self-incrimination, I dissent. 14 Berghuis v. Thompkins, 560 U.S. 370, 410-11 (2010) (Sotomayor, J., dissenting) (internal quotati | 1 | 1 |
Miranda v. Arizonagreen1 sentence2014Miranda v. Arizona, 384 U.S. 436, 445 (1966) (emphasis added). | 1 | 1 |
State v. Hughesgreen1 sentence2014Hughes, 233 Wis. 2d 280, ¶¶24-25 (citing State v. Smith, 131 Wis. 2d 220, 229 , 388 N.W.2d 601 (1986)). | 1 | 1 |
Terry v. Ohiogreen2 sentences1995Therefore, the quantum of evidence needed to establish probable cause must constitute more than mere suspicion [12] and is subject to the scrutiny of a neutral and detached magistrate, [13] who judges the facts "against an objective standard: would the facts available to the officer at the moment of the seizure or the search `warrant a man of reasonable caution in the belief that the action taken was appropriate?" *82 Terry v. Ohio, 392 U.S. 1, 21-22 (1968) (citations omitted). 1995Therefore, the quantum of evidence needed to establish probable cause must constitute more than mere suspicion 12 and is subject to the scrutiny of a neutral and detached magistrate, 13 who judges the facts "against an objective standard: would the facts available to the officer at the moment of the seizure or the search 'warrant a man of reasonable caution in the belief that the action taken was appro priate?" Terry v. Ohio, 392 U.S. 1, 21-22 (1968) (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Arizona State Legislature v. Arizona Independent Redistricting Comm'n
green
2 sentences2022Redistricting Comm'n, 576 U.S. 787 , 824 (2015) (internal citation omitted). ¶61 The people of Wisconsin deserve both a fair process and fair maps. 2022Redistricting Comm'n, 576 U.S. 787 , 824 (2015) (internal citation omitted). ¶61 The people of Wisconsin deserve both a fair process and fair maps. | 2 | 2022–2022 |
State v. DeSmidt
green
2 sentences2014"The core requirement of probable cause 33 The new statute requiring a warrant to track cell phone location information requires "probable cause to believe the criminal activity has been, is, or will be in progress and that identifying or tracking the communications device will yield information relevant to an ongoing criminal investigation." Wis. Stat. § 968.373 (3)(e) (2013-14). 34 "In both an arrest warrant and a search warrant context, probable cause eschews technicality and legalisms in favor of a 'flexible, common-sense measure of the plausibility of particular conclusions about human be 2014"The core requirement of probable cause 33 The new statute requiring a warrant to track cell phone location information requires "probable cause to believe the criminal activity has been, is, or will be in progress and that identifying or tracking the communications device will yield information relevant to an ongoing criminal investigation." Wis. Stat. § 968.373 (3)(e) (2013-14). 34 "In both an arrest warrant and a search warrant context, probable cause eschews technicality and legalisms in favor of a 'flexible, common-sense measure of the plausibility of particular conclusions about human be | 2 | 1995–2014 |
State v. Williams
green
1 sentence2026Williams, 253 Wis. 2d 99, ¶69 . “[T]he test for whether the exclusion of evidence violates the right to present a defense” is “whether the proffered evidence was ‘essential to’ 31 No. 2023AP2265-CR the defense, and whether without the proffered evidence, the defendant had ‘no reasonable means of defending his [or her] case.’” Id., ¶70 (citation omitted). | 1 | 2026–2026 |
Applegate-Bader Farm, LLC v. DOR
green
1 sentence2023"Generally, this requires that real property is taxed according to its fair market value." Applegate-Bader Farm, LLC v. Wis. Dep't of Revenue, 2021 WI 26, ¶5 , 396 Wis. 2d 69 , 955 N.W.2d 793 ; Wis. Stat. § 70.32 (1). ¶39 A core principle of uniformity requires all properties subject to taxation to be taxed the same, in proportion to their value. | 1 | 2023–2023 |
City of Plymouth v. Elsner
green
1 sentence2023"Where a property tax is levied, there can be no classification which interferes with substantial uniformity of rate based on value." Elsner, 28 Wis. 2d at 107 . | 1 | 2023–2023 |
Linzmeyer v. Forcey
green
2 sentences2016Our "Sunshine Law," Wisconsin's public records law, is a core principle of democracy: "[T]he people must be informed about the inner workings of their government and . . . openness in government is essential to maintain the strength of our democratic society."1 ¶36 The majority opinion eclipses the "Sunshine Law." It dims the lights on persons seeking information about Wisconsin government operations and——in the instant case——shuts the lights off on two records that show how district attorneys, charged with prosecuting all criminal actions within their prosecutorial units,2 fulfill their dutie 2016Our "Sunshine Law," Wisconsin's public records law, is a core principle of democracy: "[T]he people must be informed about the inner workings of their government and . . . openness in government is essential to maintain the strength of our democratic society."1 ¶36 The majority opinion eclipses the "Sunshine Law." It dims the lights on persons seeking information about Wisconsin government operations and——in the instant case——shuts the lights off on two records that show how district attorneys, charged with prosecuting all criminal actions within their prosecutorial units,2 fulfill their dutie | 1 | 2016–2016 |
State v. Kiper
green
2 sentences2014"The core requirement of probable cause 33 The new statute requiring a warrant to track cell phone location information requires "probable cause to believe the criminal activity has been, is, or will be in progress and that identifying or tracking the communications device will yield information relevant to an ongoing criminal investigation." Wis. Stat. § 968.373 (3)(e) (2013-14). 34 "In both an arrest warrant and a search warrant context, probable cause eschews technicality and legalisms in favor of a 'flexible, common-sense measure of the plausibility of particular conclusions about human be 2014"The core requirement of probable cause 33 The new statute requiring a warrant to track cell phone location information requires "probable cause to believe the criminal activity has been, is, or will be in progress and that identifying or tracking the communications device will yield information relevant to an ongoing criminal investigation." Wis. Stat. § 968.373 (3)(e) (2013-14). 34 "In both an arrest warrant and a search warrant context, probable cause eschews technicality and legalisms in favor of a 'flexible, common-sense measure of the plausibility of particular conclusions about human be | 1 | 2014–2014 |
State v. Smith
green
2 sentences2014Hughes, 233 Wis. 2d 280, ¶¶24-25 (citing State v. Smith, 131 Wis. 2d 220, 229 , 388 N.W.2d 601 (1986)). 2014Hughes, 233 Wis. 2d 280, ¶¶24-25 (citing State v. Smith, 131 Wis. 2d 220, 229 , 388 N.W.2d 601 (1986)). | 1 | 2014–2014 |
State v. Higginbotham
green
2 sentences2014"The core requirement of probable cause 33 The new statute requiring a warrant to track cell phone location information requires "probable cause to believe the criminal activity has been, is, or will be in progress and that identifying or tracking the communications device will yield information relevant to an ongoing criminal investigation." Wis. Stat. § 968.373 (3)(e) (2013-14). 34 "In both an arrest warrant and a search warrant context, probable cause eschews technicality and legalisms in favor of a 'flexible, common-sense measure of the plausibility of particular conclusions about human be 2014"The core requirement of probable cause 33 The new statute requiring a warrant to track cell phone location information requires "probable cause to believe the criminal activity has been, is, or will be in progress and that identifying or tracking the communications device will yield information relevant to an ongoing criminal investigation." Wis. Stat. § 968.373 (3)(e) (2013-14). 34 "In both an arrest warrant and a search warrant context, probable cause eschews technicality and legalisms in favor of a 'flexible, common-sense measure of the plausibility of particular conclusions about human be | 1 | 2014–2014 |
State v. Howland
green
2 sentences2004Our inquiry does not turn on whether *800 the prosecutor intended to breach the agreement, 6 see State v. Howland, 2003 WI App 104, ¶ 31 , 264 Wis. 2d 279 , 663 N.W.2d 340 , but rather we look to the practical effect of the prosecutor's statements. 2004Our inquiry does not turn on whether *800 the prosecutor intended to breach the agreement, 6 see State v. Howland, 2003 WI App 104, ¶ 31 , 264 Wis. 2d 279 , 663 N.W.2d 340 , but rather we look to the practical effect of the prosecutor's statements. | 1 | 2004–2004 |
State v. Schlise
green
2 sentences2003Schlise, 86 Wis. 2d at 42 , 271 N.W.2d at 627 . 2003Schlise, 86 Wis. 2d at 42 , 271 N.W.2d at 627 . | 1 | 2003–2003 |
State v. Boggess
green
2 sentences1995In particular, the fourth amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 11 The core requirement of probable cause serves to "safeguard the privacy and security of individuals against arbitrary invasions by government officials." State v. DeSmidt, 155 Wis. 2d 119, 130 , 454 N.W.2d 780 (1990) ( 1995In particular, the fourth amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 11 The core requirement of probable cause serves to "safeguard the privacy and security of individuals against arbitrary invasions by government officials." State v. DeSmidt, 155 Wis. 2d 119, 130 , 454 N.W.2d 780 (1990) ( | 1 | 1995–1995 |
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.