11 Wisconsin opinions name it 2 courts 1975–2025 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.
| Case | Followed | Cited |
|---|---|---|
Tetra Tech EC, Inc. v. Wisconsin Department of Revenuegreen2 sentences2021Tetra Tech EC, Inc. v. DOR, 2018 WI 75, ¶¶3, 108 , 382 Wis. 2d 496 , 914 N.W.2d 21 . 18 Nos. 2019AP2397 & 2020AP112 ¶34 As an initial matter, to the extent the assertion is that federal law conflicts with state law, that raises a different kind of analysis, possibly implicating preemption. 2021Tetra Tech EC, Inc. v. DOR, 2018 WI 75, ¶¶3, 108 , 382 Wis. 2d 496 , 914 N.W.2d 21 . 18 Nos. 2019AP2397 & 2020AP112 ¶34 As an initial matter, to the extent the assertion is that federal law conflicts with state law, that raises a different kind of analysis, possibly implicating preemption. | 1 | 1 |
Lankford v. Idahogreen2 sentences2017Furthermore, this kind of violation of due process may undermine the validity and legitimacy of the court's decision: "If notice is not given, and the adversary process is not permitted to function properly, there is an increased chance of error . . . and with that, the possibility of an incorrect result." Lankford v. Idaho, 500 U.S. 110, 127 (1991). ¶ 106. 2017Indeed, "[t]he fundamental premise of the adversary process is that these advocates will uncover and present more useful information and arguments to the (continued) 6 No. 2014AP1870-CR.ssa ¶105 Furthermore, this kind of violation of due process may undermine the validity and legitimacy of the court's decision: "If notice is not given, and the adversary process is not permitted to function properly, there is an increased chance of error . . . and with that, the possibility of an incorrect result." Lankford v. Idaho, 500 U.S. 110, 127 (1991). ¶106 Moreover, the lead opinion violates a basic rul | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kentucky v. King
green
2 sentences2019When the police knock on a door but the occupants choose not to respond or to speak, "the investigation will have reached a conspicuously low point," and the occupants "will have the kind of warning that even the most elaborate security system cannot provide." Kentucky v. King , 563 U.S. 452 , 469-70 (2011) (citations omitted). ¶34 Because a challenge based on a Fourth Amendment curtilage violation would have been without merit, failure to argue it was not deficient performance. 2018King , 563 U.S. at 469 -70 , 131 S.Ct. 1849 . 56 The consequence of the State's reasoning appears to result in categorical exigencies. | 3 | 2018–2019 |
State Ex Rel. Buswell v. Tomah Area School District
green
2 sentences2025Buswell v. Tomah Area School District, 2007 WI 71 , 301 Wis. 2d 178 , 732 N.W.2d 804 . ¶45 We reject Marinette’s suggestion that we adopt a reasonableness test for WIS. 2025Buswell v. Tomah Area School District, 2007 WI 71 , 301 Wis. 2d 178 , 732 N.W.2d 804 . ¶45 We reject Marinette’s suggestion that we adopt a reasonableness test for WIS. | 1 | 2025–2025 |
Arizona v. Fulminante
green
1 sentence2012The majority of constitutional errors fall into this category, see id. at 306-07 , and we have previously decided that the kind of error that occurred in this case — the admission of statements taken in violation of Miranda — is one of those errors. | 1 | 2012–2012 |
Scales v. State
green
2 sentences2012Scales v. State, 64 Wis. 2d 485, 492 , 219 N.W.2d 286 (1974). ¶ 45. 2012Scales v. State, 64 Wis. 2d 485, 492 , 219 N.W.2d 286 (1974). ¶ 45. | 1 | 2012–2012 |
Kelly v. Gwinnell
green
2 sentences1985In respect to the type of argument made by the defendants here, the New Jersey Supreme Court in Kelly v. Gwinnell, 96 N.J. 538 , 550 n. 9, 476 A.2d 1219 (1984), pointed out the relevant distinction: “[T]he critical issue here is not whether the homeowner can pass the cost on or must bear it himself, but whether tort law should be used to spread the risk over a large segment of society through the device of insurance rather than imposing the entire risk on the innocent victim of drunken driving. 1985In respect to the type of argument made by the defendants here, the New Jersey Supreme Court in Kelly v. Gwinnell, 96 N.J. 538 , 550 n. 9, 476 A.2d 1219 (1984), pointed out the relevant distinction: “[T]he critical issue here is not whether the homeowner can pass the cost on or must bear it himself, but whether tort law should be used to spread the risk over a large segment of society through the device of insurance rather than imposing the entire risk on the innocent victim of drunken driving. | 1 | 1985–1985 |
State v. McFarren
green
2 sentences1981(A) The court of appeals, applying the factors set forth in State v. McFarren, 62 Wis.2d 492 , 215 N.W.2d 459 (1974), concluded that the burden of proof properly had been placed upon the state. 1981(A) The court of appeals, applying the factors set forth in State v. McFarren, 62 Wis.2d 492 , 215 N.W.2d 459 (1974), concluded that the burden of proof properly had been placed upon the state. | 1 | 1981–1981 |
Cruz v. Department of Industry, Labor & Human Relations
green
2 sentences1980This kind of error is “. . . of a hypertechnical nature, and the entire tenor of modern law is to prevent the avoidance of adjudication on the merits by resorting to dependency on nonprejudicial and nonjurisdictional technicalities.” Cruz v. ILHR Dept., 81 Wis.2d 442, 449 , 260 N.W.2d 692 (1978). 1980This kind of error is “. . . of a hypertechnical nature, and the entire tenor of modern law is to prevent the avoidance of adjudication on the merits by resorting to dependency on nonprejudicial and nonjurisdictional technicalities.” Cruz v. ILHR Dept., 81 Wis.2d 442, 449 , 260 N.W.2d 692 (1978). | 1 | 1980–1980 |
Downum v. United States
green
2 sentences1975For an example of the kind of error leading to mistrial that should not defeat retrial, see State v. Elkinton (1972), 56 Wis. 2d 497 , 202 N. W. 2d 28 . [7] Id. [8] Downum v. United States (1963), 372 U. S. 734 , 83 Sup. Ct. 1033, 10 L. 1975For an example of the kind of error leading to mistrial that should not defeat retrial, see State v. Elkinton (1972), 56 Wis. 2d 497 , 202 N. W. 2d 28 . [7] Id. [8] Downum v. United States (1963), 372 U. S. 734 , 83 Sup. Ct. 1033, 10 L. | 1 | 1975–1975 |
State v. Elkinton
green
2 sentences1975For an example of the kind of error leading to mistrial that should not defeat retrial, see State v. Elkinton (1972), 56 Wis. 2d 497 , 202 N. W. 2d 28 . 1975For an example of the kind of error leading to mistrial that should not defeat retrial, see State v. Elkinton (1972), 56 Wis. 2d 497 , 202 N. W. 2d 28 . | 1 | 1975–1975 |
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.