11 Wisconsin opinions name it 2 courts 1989–2021 1 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. Hubbardgreen1 sentence2021See Hubbard, 313 Wis. 2d 1 , ¶¶31 & n.9, 44, 54 (quoting Hernandez, 42 Wis. 2d at 475 -76 and citing approval of this instruction in Waalen, 130 Wis. 2d at 26 ). ¶53 It is evident that the instruction language from the Hubbard and Hernandez cases defining “under the influence” that has been favorably cited by our supreme court provided the basis for some of the language included in the pattern instruction that the circuit court omitted in this case. | 1 | 1 |
State v. Waalengreen1 sentence2021See Hubbard, 313 Wis. 2d 1 , ¶¶31 & n.9, 44, 54 (quoting Hernandez, 42 Wis. 2d at 475 -76 and citing approval of this instruction in Waalen, 130 Wis. 2d at 26 ). ¶53 It is evident that the instruction language from the Hubbard and Hernandez cases defining “under the influence” that has been favorably cited by our supreme court provided the basis for some of the language included in the pattern instruction that the circuit court omitted in this case. | 1 | 1 |
City of Fond Du Lac v. Hernandezgreen1 sentence2021See Hubbard, 313 Wis. 2d 1 , ¶¶31 & n.9, 44, 54 (quoting Hernandez, 42 Wis. 2d at 475 -76 and citing approval of this instruction in Waalen, 130 Wis. 2d at 26 ). ¶53 It is evident that the instruction language from the Hubbard and Hernandez cases defining “under the influence” that has been favorably cited by our supreme court provided the basis for some of the language included in the pattern instruction that the circuit court omitted in this case. | 1 | 1 |
MacK v. Stategreen2 sentences1998See § 939.65, Stats., and Mack v. State, 93 Wis. 2d 287, 301 , 286 N.W.2d 563, 570 (1980) (if same act satisfies elements of two different crimes, neither of which is lesser-included offense of the other, defendant may be prosecuted for either or both). 1998See § 939.65, Stats., and Mack v. State, 93 Wis. 2d 287, 301 , 286 N.W.2d 563, 570 (1980) (if same act satisfies elements of two different crimes, neither of which is lesser-included offense of the other, defendant may be prosecuted for either or both). | 1 | 1 |
Fischer Ex Rel. Fischer v. Ganjugreen2 sentences1995See Fischer, 168 Wis. 2d at 849 , 485 N.W.2d at 15 -16 (citing In re C.E.W., 124 Wis. 2d 47, 54 , 368 N.W.2d 47, 51 (1985)); see also Douglas v. Dewey, 154 Wis. 2d 451, 463-68 , 453 N.W.2d 500, 505-07 (Ct. App. 1990). 1995See Fischer, 168 Wis. 2d at 849 , 485 N.W.2d at 15 -16 (citing In re C.E.W., 124 Wis. 2d 47, 54 , 368 N.W.2d 47, 51 (1985)); see also Douglas v. Dewey, 154 Wis. 2d 451, 463-68 , 453 N.W.2d 500, 505-07 (Ct. App. 1990). | 1 | 1 |
Douglas v. Deweygreen2 sentences1995See Fischer, 168 Wis. 2d at 849 , 485 N.W.2d at 15 -16 (citing In re C.E.W., 124 Wis. 2d 47, 54 , 368 N.W.2d 47, 51 (1985)); see also Douglas v. Dewey, 154 Wis. 2d 451, 463-68 , 453 N.W.2d 500, 505-07 (Ct. App. 1990). 1995See Fischer, 168 Wis. 2d at 849 , 485 N.W.2d at 15 -16 (citing In re C.E.W., 124 Wis. 2d 47, 54 , 368 N.W.2d 47, 51 (1985)); see also Douglas v. Dewey, 154 Wis. 2d 451, 463-68 , 453 N.W.2d 500, 505-07 (Ct. App. 1990). | 1 | 1 |
Waukesha County Department of Social Services v. C.E.W.green2 sentences1995See Fischer, 168 Wis. 2d at 849 , 485 N.W.2d at 15 -16 (citing In re C.E.W., 124 Wis. 2d 47, 54 , 368 N.W.2d 47, 51 (1985)); see also Douglas v. Dewey, 154 Wis. 2d 451, 463-68 , 453 N.W.2d 500, 505-07 (Ct. App. 1990). 1995See Fischer, 168 Wis. 2d at 849 , 485 N.W.2d at 15 -16 (citing In re C.E.W., 124 Wis. 2d 47, 54 , 368 N.W.2d 47, 51 (1985)); see also Douglas v. Dewey, 154 Wis. 2d 451, 463-68 , 453 N.W.2d 500, 505-07 (Ct. App. 1990). | 1 | 1 |
Treptau v. Behrens Spa, Inc.green2 sentences1995See Treptau v. Behrens Spa, Inc., 247 Wis. 438, 443-44 , 20 N.W.2d 108, 111 (1945). 1995See Treptau v. Behrens Spa, Inc., 247 Wis. 438, 443-44 , 20 N.W.2d 108, 111 (1945). | 1 | 1 |
Keplin v. Hardware Mutual Casualty Co.green2 sentences1992Casualty Co., 24 Wis. 2d 319, 324 , 129 N.W.2d 321, 323 (1964). *638 [8] Second, the state points out that the trial court chose to give the instruction after considering the committee's withdrawal of the older versionwhich the trial court properly concluded amounted only to a determination by the committee that it would be "preferable" to include reference to the defendant's credibility in the general witness credibility instruction and reasoned that giving the former Wis J ICriminal 310 would strike a "better balance" with the pattern instruction on the testimony of accomplices than would 1992Casualty Co., 24 Wis. 2d 319, 324 , 129 N.W.2d 321, 323 (1964). *638 [8] Second, the state points out that the trial court chose to give the instruction after considering the committee's withdrawal of the older versionwhich the trial court properly concluded amounted only to a determination by the committee that it would be "preferable" to include reference to the defendant's credibility in the general witness credibility instruction and reasoned that giving the former Wis J ICriminal 310 would strike a "better balance" with the pattern instruction on the testimony of accomplices than would | 1 | 1 |
Schmidt v. Stategreen2 sentences1989The pattern instruction, Wis J I — Criminal 920, expresses the concept in the following language: “An item is ... in a person’s possession if it is in an area over which the person has control and the person intends to exercise control over the item.” (Footnote omitted.) This is consistent with the supreme court’s statement in Schmidt v. State, 77 Wis. 2d 370, 379 , 253 N.W.2d 204, 208 (1977), that “[possession of an illicit drug may be imputed when the contraband is found in a place immediately accessible to the accused and subject to his [or her] exclusive or joint dominion and control, prov 1989The pattern instruction, Wis J I — Criminal 920, expresses the concept in the following language: “An item is ... in a person’s possession if it is in an area over which the person has control and the person intends to exercise control over the item.” (Footnote omitted.) This is consistent with the supreme court’s statement in Schmidt v. State, 77 Wis. 2d 370, 379 , 253 N.W.2d 204, 208 (1977), that “[possession of an illicit drug may be imputed when the contraband is found in a place immediately accessible to the accused and subject to his [or her] exclusive or joint dominion and control, prov | 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. Hoffman
green
1 sentence2020“The danger of prejudice arising from the jury’s exposure to evidence that the defendant committed more than one crime is minimized when the evidence of both counts would be admissible in separate trials.” Id. at 210 . ¶44 The court could, and should, have more explicitly instructed the jury to consider each charge separately consistent with the pattern instruction. | 1 | 2020–2020 |
Miller v. Kim
green
1 sentence2020The trial court's amendment of the pattern instruction would have been appropriate had there been medical expert testimony that there were available to the average practitioner alternative methods of diagnosing [the child's] spinal meningitis. 15 No. 2017AP1616 Id. at 198 . | 1 | 2020–2020 |
State v. Lesik
green
2 sentences2010"We will reverse and order a new trial '[o]nly if the jury instructions, as a whole, misled the jury or communicated an incorrect statement of law.'" State v. Lesik, 2010 WI App 12, ¶ 6 , 322 Wis. 2d 753 , 780 N.W.2d 210 (citation omitted; alteration in Lesik). 2010"We will reverse and order a new trial '[o]nly if the jury instructions, as a whole, misled the jury or communicated an incorrect statement of law.'" State v. Lesik, 2010 WI App 12, ¶ 6 , 322 Wis. 2d 753 , 780 N.W.2d 210 (citation omitted; alteration in Lesik). | 1 | 2010–2010 |
Wisconsin v. Laxton
green
2 sentences2002Laxton, 2002 WI 82 at ¶ 27 . 2002Id. | 1 | 2002–2002 |
State v. Eison
green
2 sentences1996Considering these factors "in [their] totality," Eison, 194 Wis. 2d at 179 , 533 N.W.2d at 745 , we are satisfied beyond a reasonable doubt that any error was harmless. 1996Considering these factors "in [their] totality," Eison, 194 Wis. 2d at 179 , 533 N.W.2d at 745 , we are satisfied beyond a reasonable doubt that any error was harmless. | 1 | 1996–1996 |
Francois v. Mokrohisky
green
2 sentences1995The trial court's amendment of the pattern instruction would have been appropriate had there been medical expert testimony that there were available to the average practitioner alternative methods of diagnosing Gloria's spinal meningitis. 5 One of the cases cited by the Civil Jury Instructions Committee in its comment to the pattern instruction is Francois v. Mokrohisky, 67 Wis. 2d 196 , 226 N.W.2d 470 (1975), which was a negligent diagnosis case. 1995The trial court's amendment of the pattern instruction would have been appropriate had there been medical expert testimony that there were available to the average practitioner alternative methods of diagnosing Gloria's spinal meningitis. 5 One of the cases cited by the Civil Jury Instructions Committee in its comment to the pattern instruction is Francois v. Mokrohisky, 67 Wis. 2d 196 , 226 N.W.2d 470 (1975), which was a negligent diagnosis case. | 1 | 1995–1995 |
Thomas L. Bowers, Administrator of the Estate of Marguerite Anne Bowers, Deceased v. Robert A. Devito, M.D.
green
2 sentences1995The situation in which the caseworker placed Robby and his family well fits the metaphorical snake pit alluded to by Judge Posner in Bowers v. DeVito, 686 F.2d at 618 : "If the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say that its role was merely passive; it is as much an active tortfeasor as if it had thrown him into a snake pit." In the instructions and verdict conference, plaintiffs argued that the pattern instructionÔÇöWIS J IÔÇöCIVIL 1500 (Cause) [10] ÔÇöwould confuse the jury. 1995The situation in which the caseworker placed Robby and his family well fits the metaphorical snake pit alluded to by Judge Posner in Bowers v. DeVito, 686 F.2d at 618 : "If the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say that its role was merely passive; it is as much an active tortfeasor as if it had thrown him into a snake pit." In the instructions and verdict conference, plaintiffs argued that the pattern instruction — Wis J I — CIVIL 1500 (Cause) 10 — would confuse the jury. | 1 | 1995–1995 |
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.