issue of harmless error (Wisconsin) · Go Syfert
← Wisconsin issues

issue of harmless error in Wisconsin

11 Wisconsin opinions name it 2 courts 2001–2026 2 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 (7)

CaseFollowedCited
State v. Tiepelmangreen
wis · 2006 · cited in 3 Wisconsin opinions naming this issue, 2013–2020
2 sentences

2020In State v. Coffee, 2020 WI 1 , ¶9, 389 Wis. 2d 627 , 937 N.W.2d 579 , “[t]he State told the circuit court that Coffee had a prior arrest 2 In State v. Tiepelman, 2006 WI 66 , 291 Wis. 2d 179 , 717 N.W.2d 1 , the parties agreed “that the issue of harmless error was not developed” sufficiently; therefore, the court did not undertake a harmless error analysis.

2020In State v. Coffee, 2020 WI 1 , ¶9, 389 Wis. 2d 627 , 937 N.W.2d 579 , “[t]he State told the circuit court that Coffee had a prior arrest 2 In State v. Tiepelman, 2006 WI 66 , 291 Wis. 2d 179 , 717 N.W.2d 1 , the parties agreed “that the issue of harmless error was not developed” sufficiently; therefore, the court did not undertake a harmless error analysis.

23
United States v. Joseph F. Paulusgreen
ca7 · 2005 · cited in 2 Wisconsin opinions naming this issue, 2013–2013
2 sentences

2013See United States v. Paulus, 419 F.3d 693, 700 (7th Cir. 2005) (when the district court indicates it would have arrived at the same sentence regardless of which methodology it used to calculate the sentence, any error is harmless).

2013See United States v. Paulus, 419 F.3d 693, 700 (7th Cir. 2005) (when the district court indicates it would have arrived at the same sentence regardless of which methodology it used to calculate the sentence, any error is harmless). 60 In State v. Smith, 207 Wis. 2d 258, 262-63, 280, ¶¶2, 3, 37 , 558 N.W.2d 379 (1997), the State requested a remand to the circuit court for a hearing to determine whether the defendant would have received a different sentence if the prosecutor had kept his plea agreement promise to make no recommendation on the sentence.

22
State v. Smithgreen
wis · 1997 · cited in 2 Wisconsin opinions naming this issue, 2013–2013
2 sentences

2013See United States v. Paulus, 419 F.3d 693, 700 (7th Cir. 2005) (when the district court indicates it would have arrived at the same sentence regardless of which methodology it used to calculate the sentence, any error is harmless). 60 In State v. Smith, 207 Wis. 2d 258, 262-63, 280, ¶¶2, 3, 37 , 558 N.W.2d 379 (1997), the State requested a remand to the circuit court for a hearing to determine whether the defendant would have received a different sentence if the prosecutor had kept his plea agreement promise to make no recommendation on the sentence.

2013See United States v. Paulus, 419 F.3d 693, 700 (7th Cir. 2005) (when the district court indicates it would have arrived at the same sentence regardless of which methodology it used to calculate the sentence, any error is harmless). 60 In State v. Smith, 207 Wis. 2d 258, 262-63, 280, ¶¶2, 3, 37 , 558 N.W.2d 379 (1997), the State requested a remand to the circuit court for a hearing to determine whether the defendant would have received a different sentence if the prosecutor had kept his plea agreement promise to make no recommendation on the sentence.

22
State v. Amrinegreen
wisctapp · 1990 · cited in 1 Wisconsin opinions naming this issue, 2026–2026
2 sentences

2026See State v. Amrine, 157 Wis. 2d 778, 783, 785 , 460 N.W.2d 826 (Ct. App. 1990) (stating in the context of an issued reviewed de novo that an appellate court may rely on grounds different from those relied on by the circuit court).

2026See State v. Amrine, 157 Wis. 2d 778, 783, 785 , 460 N.W.2d 826 (Ct. App. 1990) (stating in the context of an issued reviewed de novo that an appellate court may rely on grounds different from those relied on by the circuit court).

11
Industrial Risk Insurers & Quad Graphics, Inc. v. American Engineering Testing, Inc.green
wisctapp · 2009 · cited in 1 Wisconsin opinions naming this issue, 2025–2025
2 sentences

2025See Industrial Risk Insurers v. American Eng’g Testing, Inc., 2009 WI App 62, ¶25 , 318 Wis. 2d 148 , 769 N.W.2d 82 (“Arguments unsupported by legal authority will not be considered, and we will not abandon our neutrality to develop arguments.” (citations omitted)). 8 No. 2024AP440-CR error analysis in Koopmans means he is entitled to relief upon proving that his statutory right was violated.9 ¶17 We reject Aiden’s argument that our supreme court’s silence in Koopmans on the issue of harmless error means that he is automatically entitled to relief.

2025See Industrial Risk Insurers v. American Eng’g Testing, Inc., 2009 WI App 62, ¶25 , 318 Wis. 2d 148 , 769 N.W.2d 82 (“Arguments unsupported by legal authority will not be considered, and we will not abandon our neutrality to develop arguments.” (citations omitted)). 8 No. 2024AP440-CR error analysis in Koopmans means he is entitled to relief upon proving that his statutory right was violated.9 ¶17 We reject Aiden’s argument that our supreme court’s silence in Koopmans on the issue of harmless error means that he is automatically entitled to relief.

11
Chapman v. Californiared
scotus · 1967 · cited in 1 Wisconsin opinions naming this issue, 2007–2007
2 sentences

2007NOTES [1] State v. Mayo, 292 Wis.2d 485 , 713 N.W.2d 191 (2006). [2] All further references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. [3] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." [5] Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue . . . or state a personal opinion as to the justness of a cause, . . . or the guilt or innocenc

2007During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue ... or state a personal opinion as to the justness of a cause, ... or the guilt or innocence of an accused...." Recently, in Fry v. Pliler, 551 U.S. _ (2007), the United States Supreme Court revisited the issue of harmless error, holding that in 28 U.S.C. § 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error

11
United States v. Lanegreen
ca7 · 1984 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
2 sentences

2006While not explicitly addressing the issue of harmless error, the Court stated that "the real question here is ... whether the sentence in the 1953 federal case might have been different if the sentencing judge had known that at least two of the respondent's previous convictions had been unconstitutionally obtained." Id. (footnote omitted). ¶ 13 The actual reliance standard was subsequently followed by the Seventh Circuit Court of Appeals in Welch v. Lane, 738 F.2d 863 (7th Cir.1984).

2006The actual reliance standard was subsequently followed by the Seventh Circuit Court of Appeals in Welch v. Lane, 738 F.2d 863 (7th Cir. 1984).

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 (8)

CaseCitedYears
Evelyn C. R. v. Tykila S. green
wis · 2001
2 sentences

2001I wrote a concurrence on the issue of harmless error in In re the Termination of Parental Rights to Jay ton S.: Evelyn C.R. v. Tykila S., 2001 WI 110, ¶¶ 37-42 , 246 Wis. 2d 1 , 629 N.W.2d 768 (Abrahamson, C.J., concurring).

2001I wrote a concurrence on the issue of harmless error in In re the Termination of Parental Rights to Jay ton S.: Evelyn C.R. v. Tykila S., 2001 WI 110, ¶¶ 37-42 , 246 Wis. 2d 1 , 629 N.W.2d 768 (Abrahamson, C.J., concurring).

42001–2001
State v. Donavinn D. Coffee green
wis · 2020
1 sentence

2020In State v. Coffee, 2020 WI 1 , ¶9, 389 Wis. 2d 627 , 937 N.W.2d 579 , “[t]he State told the circuit court that Coffee had a prior arrest 2 In State v. Tiepelman, 2006 WI 66 , 291 Wis. 2d 179 , 717 N.W.2d 1 , the parties agreed “that the issue of harmless error was not developed” sufficiently; therefore, the court did not undertake a harmless error analysis.

12020–2020
Fry v. Pliler green
scotus · 2007
1 sentence

2007NOTES [1] State v. Mayo, 292 Wis.2d 485 , 713 N.W.2d 191 (2006). [2] All further references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. [3] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." [5] Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue . . . or state a personal opinion as to the justness of a cause, . . . or the guilt or innocenc

12007–2007
Miranda v. Arizona green
scotus · 1966
2 sentences

2007NOTES [1] State v. Mayo, 292 Wis.2d 485 , 713 N.W.2d 191 (2006). [2] All further references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. [3] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." [5] Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue . . . or state a personal opinion as to the justness of a cause, . . . or the guilt or innocenc

2007NOTES [1] State v. Mayo, 292 Wis.2d 485 , 713 N.W.2d 191 (2006). [2] All further references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. [3] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." [5] Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue . . . or state a personal opinion as to the justness of a cause, . . . or the guilt or innocenc

12007–2007
State v. Brecht green
wis · 1988
2 sentences

2007During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue ... or state a personal opinion as to the justness of a cause, ... or the guilt or innocence of an accused...." Recently, in Fry v. Pliler, 551 U.S. _ (2007), the United States Supreme Court revisited the issue of harmless error, holding that in 28 U.S.C. § 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error

2007During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue ... or state a personal opinion as to the justness of a cause, ... or the guilt or innocence of an accused...." Recently, in Fry v. Pliler, 551 U.S. _ (2007), the United States Supreme Court revisited the issue of harmless error, holding that in 28 U.S.C. § 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error

12007–2007
Berger v. New York green
scotus · 1967
1 sentence

2007NOTES [1] State v. Mayo, 292 Wis.2d 485 , 713 N.W.2d 191 (2006). [2] All further references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. [3] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." [5] Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue . . . or state a personal opinion as to the justness of a cause, . . . or the guilt or innocenc

12007–2007
Seymour v. United States green
scotus · 1967
2 sentences

2007NOTES [1] State v. Mayo, 292 Wis.2d 485 , 713 N.W.2d 191 (2006). [2] All further references to the Wisconsin Statutes are to the 2003-04 version unless otherwise noted. [3] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [4] During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." [5] Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue . . . or state a personal opinion as to the justness of a cause, . . . or the guilt or innocenc

2007During closing argument, the prosecutor stated, "My opinion would be that this was a crime of opportunity." Wisconsin Supreme Court Rule 20:3.4(e)(2004) states, in relevant part, that a lawyer shall not "assert a personal knowledge of facts in issue ... or state a personal opinion as to the justness of a cause, ... or the guilt or innocence of an accused...." Recently, in Fry v. Pliler, 551 U.S. _ (2007), the United States Supreme Court revisited the issue of harmless error, holding that in 28 U.S.C. § 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error

12007–2007
United States v. Tucker green
scotus · 1972
2 sentences

2006While not explicitly addressing the issue of harmless error, the Court stated that "the real question here is ... whether the sentence in the 1953 federal case might have been different if the sentencing judge had known that at least two of the respondent's previous convictions had been unconstitutionally obtained." Id. (footnote omitted). ¶ 13 The actual reliance standard was subsequently followed by the Seventh Circuit Court of Appeals in Welch v. Lane, 738 F.2d 863 (7th Cir.1984).

2006While not explicitly addressing the issue of harmless error, the Court stated that "the real question here is . . . whether the sentence in the 1953 federal case might have been different if the sentencing judge had known that at least two of the respondent's previous convictions had been unconstitutionally obtained." Id. (footnote omitted). ¶ 13.

12006–2006

Statutes the citing opinions construe

WI § Wis. Stat. § 805.18 (10) WI § Wis. Stat. § 972.11 (5) WI § Wis. Stat. § 808.10 (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

CA 13 (1984–2025) WI 11 (2001–2026) PA 9 (1980–2020) MD 6 (1986–2026) IA 6 (1983–2016) GA 5 (1978–1997) MI 5 (1971–2018) DC 5 (1979–2025) LA 5 (1987–1997) OH 5 (2008–2023) IL 4 (2004–2022) TX 4 (1989–2003) VA 3 (2000–2003) WA 3 (1981–2020) TN 3 (1998–2011) CT 3 (1985–2012) SC 2 (1984–1984) OR 2 (2009–2018) KS 2 (1989–1989) NC 2 (2009–2010) AL 2 (1989–1990)

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.

← Caselaw search · G Cite Topics · Brief Check