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11 Wisconsin opinions name it 2 courts 1975–2014 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.
| Case | Followed | Cited |
|---|---|---|
Griffith v. Kentuckygreen2 sentences2014See Griffith v. Kentucky, 479 U.S. 314, 324-28 (1987) (discussing the exceptions to the retroactivity rule). 2014See Griffith v. Kentucky, 479 U.S. 314, 324-28 (1987) (discussing the exceptions to the retroactivity rule). | 3 | 5 |
State v. Dearborngreen2 sentences2014The retroactivity rule provides that "newly declared constitutional rules must apply 'to all similar cases pending on direct review.'" Dearborn, 327 Wis. 2d 252, ¶ 31 (quotation omitted). 2014McNeely therefore creates a new constitutional rule of law for the state of Wisconsin. ¶41 The retroactivity rule provides that "newly declared constitutional rules must apply 'to all similar cases pending on direct review.'" Dearborn, 327 Wis. 2d 252, ¶31 (quotation omitted). | 1 | 1 |
United States v. Calandragreen1 sentence2010Id. at 368 (O'Connor, J., dissenting). | 1 | 1 |
United States v. Johnsonred2 sentences2010The first principle is the retroactivity rule, which states that newly declared constitutional rules must apply "to all similar cases pending on direct review." Griffith v. Kentucky, 479 U.S. 314, 322-23 (1987); see also United States v. Johnson, 457 U.S. 537, 562 (1982) (holding that a decision of the Supreme Court "construing the Fourth Amendment is to be applied retroactively to all convictions that were not yet final at the time the decision was rendered"). 2010See also United States. v. Johnson, 457 U.S. 537 (1982). | 1 | 1 |
Chevron Oil Co. v. Husonred1 sentence2001See Chevron Oil Co. v. Huson, 404 U.S. 97 (1971). ¶ 31. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Teague v. Lane
green
2 sentences2004The concurrence of Justice Sykes asserts that this case should be governed by the retroactivity analysis of Teague v. Lane, 489 U.S. 288 (1989) and State ex rel. 2004Although this court is not required to follow federal rules regarding the retroactive application of changes in the criminal law, this court has, in the past, relied on federal interpretations in this area and has explicitly adopted three United States Supreme Court cases elaborating upon various aspects of the doctrine of retroactivity: Bousley v. United States, 523 U.S. 614 (1998), Teague v. Lane, 489 U.S. 288 (1989), and Griffith v. United States, 479 U.S. 314 (1987). ¶ 49. | 3 | 1995–2004 |
State v. Koch
green
2 sentences2003The analogy is thus not properly made and should be rejected; Harmann is not being extended here. [1] In State v. Koch, 175 Wis. 2d 684, 694 , 499 N.W.2d 152 (1993), this court followed Griffith v. Kentucky, 479 U.S. 314 (1987), and abandoned the multi-factor retroactivity test in criminal cases. [2] Footnote 9 of the majority opinion misses the point entirely. 2003The analogy is thus not properly made and should be rejected; Harmann is not being extended here. [1] In State v. Koch, 175 Wis. 2d 684, 694 , 499 N.W.2d 152 (1993), this court followed Griffith v. Kentucky, 479 U.S. 314 (1987), and abandoned the multi-factor retroactivity test in criminal cases. [2] Footnote 9 of the majority opinion misses the point entirely. | 2 | 2000–2003 |
Illinois v. Krull
green
1 sentence2010In Illinois v. Krull, 480 U.S. 340 (1987), the Illinois Supreme Court had ruled that a statute authorizing warrantless administrative searches violated the Fourth Amendment. | 1 | 2010–2010 |
State v. Ward
green
2 sentences2010State v. Ward, 2000 WI 3, ¶ 10 , 231 Wis. 2d 723 , 604 N.W.2d 517 ; (police acted with a warrant authorizing a no-knock entry; the court ultimately determined that "the evidence is admissible under the Wisconsin Constitution because the officers relied upon a rule established by this court" and did not address reliance on the warrant, ¶ 63 n.8). 2010State v. Ward, 2000 WI 3, ¶ 10 , 231 Wis. 2d 723 , 604 N.W.2d 517 ; (police acted with a warrant authorizing a no-knock entry; the court ultimately determined that "the evidence is admissible under the Wisconsin Constitution because the officers relied upon a rule established by this court" and did not address reliance on the warrant, ¶ 63 n.8). | 1 | 2010–2010 |
State Ex Rel. Cramer v. Wisconsin Court of Appeals
green
2 sentences2004Cramer v. Schwarz, 2000 WI 86, ¶ 35 , 236 Wis. 2d 473 , 613 N.W.2d 591 . [13] The concurrence of Justice Sykes asserts that this case should be governed by the retroactivity analysis of Teague v. Lane, 489 U.S. 288 (1989) and State ex rel. 2004Cramer v. Schwarz, 2000 WI 86, ¶ 35 , 236 Wis. 2d 473 , 613 N.W.2d 591 . [13] The concurrence of Justice Sykes asserts that this case should be governed by the retroactivity analysis of Teague v. Lane, 489 U.S. 288 (1989) and State ex rel. | 1 | 2004–2004 |
Bousley v. United States
green
2 sentences2004Although this court is not required to follow federal rules regarding the retroactive application of changes in the criminal law, this court has, in the past, relied on federal interpretations in this area and has explicitly adopted three United States Supreme Court cases elaborating upon various aspects of the doctrine of retroactivity: Bousley v. United States, 523 U.S. 614 (1998), Teague v. Lane, 489 U.S. 288 (1989), and Griffith v. United States, 479 U.S. 314 (1987). ¶ 49. 2004Although this court is not required to follow federal rules regarding the retroactive application of changes in the criminal law, this court has, in the past, relied on federal interpretations in this area and has explicitly adopted three United States Supreme Court cases elaborating upon various aspects of the doctrine of retroactivity: Bousley v. United States, 523 U.S. 614 (1998), Teague v. Lane, 489 U.S. 288 (1989), and Griffith v. United States, 479 U.S. 314 (1987). ¶ 49. | 1 | 2004–2004 |
State Ex Rel. Schmelzer v. Murphy
green
2 sentences2004Schmelzer v. Murphy, 201 Wis. 2d 246, 258-59 , 548 N.W.2d 45 (1996). 2004Schmelzer v. Murphy, 201 Wis. 2d 246, 258-59 , 548 N.W.2d 45 (1996). | 1 | 2004–2004 |
Lindh v. Murphy
green
2 sentences1998I do not believe that the majority has adequately analyzed whether either the remedial or the punitive portion of the Spills Law can be applied retroactively under the retroactivity analysis test set out by the United States Supreme Court in Landgraf v. USI Film Products, 511 U.S. 244 (1994), as clarified by Lindh v. Murphy, 117 S. Ct. 2059 (1997). 3 I believe that such an analysis would result in the conclusion that the legislature intended the remedial portion of the Spills Law to apply retroactively, therefore I agree with the majority's ultimate conclusion on that point. 1998I do not believe that the majority has adequately analyzed whether either the remedial or the punitive portion of the Spills Law can be applied retroactively under the retroactivity analysis test set out by the United States Supreme Court in Landgraf v. USI Film Products, 511 U.S. 244 (1994), as clarified by Lindh v. Murphy, 117 S. Ct. 2059 (1997). [3] I believe that such an analysis would result in the conclusion that the legislature intended the remedial portion of the Spills Law to apply retroactively, therefore I agree with the majority's ultimate conclusion on that point. | 1 | 1998–1998 |
Landgraf v. USI Film Products
green
2 sentences1998I do not believe that the majority has adequately analyzed whether either the remedial or the punitive portion of the Spills Law can be applied retroactively under the retroactivity analysis test set out by the United States Supreme Court in Landgraf v. USI Film Products, 511 U.S. 244 (1994), as clarified by Lindh v. Murphy, 117 S. Ct. 2059 (1997). 3 I believe that such an analysis would result in the conclusion that the legislature intended the remedial portion of the Spills Law to apply retroactively, therefore I agree with the majority's ultimate conclusion on that point. 1998I do not believe that the majority has adequately analyzed whether either the remedial or the punitive portion of the Spills Law can be applied retroactively under the retroactivity analysis test set out by the United States Supreme Court in Landgraf v. USI Film Products, 511 U.S. 244 (1994), as clarified by Lindh v. Murphy, 117 S. Ct. 2059 (1997). [3] I believe that such an analysis would result in the conclusion that the legislature intended the remedial portion of the Spills Law to apply retroactively, therefore I agree with the majority's ultimate conclusion on that point. | 1 | 1998–1998 |
Linkletter v. Walker
red
2 sentences1982Linkletter v. Walker, 381 U.S. 618 (1965). 1982Linkletter v. Walker, 381 U.S. 618 (1965). | 1 | 1982–1982 |
Bielski v. Schulze
green
2 sentences1975Id. page 201. 1975Id. page 201. | 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.