10 Wisconsin opinions name it 2 courts 1979–2025 4 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 |
|---|---|---|
Trans World Airlines, Inc. v. Thurstongreen1 sentence2016See Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 121 (1985) 11 ; McGinest v. GTE Serv. | 1 | 1 |
Sandstrom v. Montanagreen2 sentences1980The court held: “Because David Sandstrom’s jury may have interpreted the judge’s instruction as constituting either a burden-shifting presumption like that in Mullaney , or a conclusive presumption like those in Morissette and United States Gypsum Co., and because either interpretation would have deprived defendant of his right to the due process of law, we hold the instruction given in this case unconstitutional.” Sandstrom v. Montana, supra, at 524, 99 S. Ct. at 2459, 2460 , 61 L. 1980The court held: “Because David Sandstrom’s jury may have interpreted the judge’s instruction as constituting either a burden-shifting presumption like that in Mullaney , or a conclusive presumption like those in Morissette and United States Gypsum Co., and because either interpretation would have deprived defendant of his right to the due process of law, we hold the instruction given in this case unconstitutional.” Sandstrom v. Montana, supra, at 524, 99 S. Ct. at 2459, 2460 , 61 L. | 1 | 1 |
County Court of Ulster Cty. v. Allengreen2 sentences1979See Ulster County Court v. Allen, — U.S. — (1979). (slip, op., at 15-21). [ 99 S. Ct. 2213, 2224-2227 , 60 L. 1979See Ulster County Court v. Allen, — U.S. — (1979). (slip, op., at 15-21). [ 99 S. Ct. 2213, 2224-2227 , 60 L. | 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. Bangert
green
2 sentences2022Mary’s plea was knowing, intelligent, and voluntary ¶10 The burden-shifting analysis that our supreme court laid out in State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986), applies when a parent in a termination of parental rights (TPR) proceeding alleges that a no-contest plea was not knowingly, intelligently, and voluntarily entered. 2022Mary’s plea was knowing, intelligent, and voluntary ¶10 The burden-shifting analysis that our supreme court laid out in State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986), applies when a parent in a termination of parental rights (TPR) proceeding alleges that a no-contest plea was not knowingly, intelligently, and voluntarily entered. | 2 | 2021–2022 |
Brown County Department of Human Services v. Brenda B.
green
2 sentences2025DHS v. Brenda B., 2011 WI 6, ¶¶34-36 , 331 Wis. 2d 310 , 795 N.W.2d 730 , and Waukesha County v. Steven H., 2000 WI 28, ¶42 , 233 Wis. 2d 344 , 607 N.W.2d 607 . 2025DHS v. Brenda B., 2011 WI 6, ¶¶34-36 , 331 Wis. 2d 310 , 795 N.W.2d 730 , and Waukesha County v. Steven H., 2000 WI 28, ¶42 , 233 Wis. 2d 344 , 607 N.W.2d 607 . | 1 | 2025–2025 |
Waukesha County v. Steven H.
green
2 sentences2025Id. ¶12 M.W.’s first and second arguments also require me to apply the burden-shifting framework set forth in Brown Cnty. 2025DHS v. Brenda B., 2011 WI 6, ¶¶34-36 , 331 Wis. 2d 310 , 795 N.W.2d 730 , and Waukesha County v. Steven H., 2000 WI 28, ¶42 , 233 Wis. 2d 344 , 607 N.W.2d 607 . | 1 | 2025–2025 |
Parke v. Raley
green
1 sentence2022In Parke, however, the Supreme Court rejected Baker's balancing approach. 506 U.S. at 29-30 . | 1 | 2022–2022 |
State v. Baker
green
1 sentence2022Baker adopted a burden- shifting framework to "resolve this apparent conflict." Id. at 77 . | 1 | 2022–2022 |
State v. Drexler
green
1 sentence2022Indeed, given the vast amounts of electronic data that can be stored in a relatively small physical area and the complications that may arise due to the destruction of case files, it may be time for this court to consider revisiting the record retention rules that caused the scenario we face here. ¶46 Decrying the hardship that would be placed on the State by applying the usual burden-shifting framework, the majority laments that "automatically shifting the burden to the State in the absence of a transcript would put the State 'in an untenable position.'" Majority op., ¶18 (citing Drexler, 266 | 1 | 2022–2022 |
State v. Schmidt
green
1 sentence2019Within this burden-shifting framework, it is important to note that this scheme represents only the mitigation of the crime's severity based upon the "complete lack of self-control," § 939.44(1)(a), that derives from a person being under the "highest degree of anger, rage, or exasperation," Schmidt , 344 Wis. 2d 336 , ¶35. | 1 | 2019–2019 |
McDonnell Douglas Corp. v. Green
green
1 sentence2016A plaintiff alleging disparate treatment racial discrimination may elect to prove his or her case using either the direct method, involving the presentation of direct or circumstantial evidence of disparate treatment, or the burden-shifting framework first established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). | 1 | 2016–2016 |
Beecher v. Labor & Industry Review Commission
green
2 sentences2011Specifically, it "creates a burden-shifting framework that determines which party in a ... worker's compensation case is responsible for producing evidence sufficient to go forward with a claim for permanent total disability on an odd-lot basis." Beecher, 273 Wis. 2d 136, ¶ 32 . " 'Where a claimant makes a prima facie case that he [or she] has been injured in an industrial accident and, because of injury, age, education, and capacity, he [or she] is unable to secure any continuing and gainful employment, the burden of showing that the claimant is in fact employable and that jobs do exist for t 2011Specifically, it "creates a burden-shifting framework that determines which party in a ... worker's compensation case is responsible for producing evidence sufficient to go forward with a claim for permanent total disability on an odd-lot basis." Beecher, 273 Wis. 2d 136, ¶ 32 . " 'Where a claimant makes a prima facie case that he [or she] has been injured in an industrial accident and, because of injury, age, education, and capacity, he [or she] is unable to secure any continuing and gainful employment, the burden of showing that the claimant is in fact employable and that jobs do exist for t | 1 | 2011–2011 |
Griffin v. California
green
1 sentence1993Id. at 1391 (citing Griffin v. California, 380 U.S. 609 (1965)). | 1 | 1993–1993 |
United States v. Vito Sblendorio
green
1 sentence1993Id. at 1391 (citing Griffin v. California, 380 U.S. 609 (1965)). | 1 | 1993–1993 |
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.