10 Wisconsin opinions name it 2 courts 2003–2022 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 |
|---|---|---|
Neder v. United Statesgreen2 sentences2014The limited class of structural errors include: complete denial of the right to counsel, 13 a biased judge, 14 excluding members of the defendant's race from a grand jury, 15 denial of the right to self-representation, 16 denial of the right to a public trial, 17 and a defective reasonable doubt instruction. 18 Neder, 527 U.S. at 8 ; see also Gonzalez-Lopez, 548 U.S. at 148-49, 152 (determining that violating a defendant's right to counsel of his choice is structural error). 2005These errors include a complete denial of counsel, [2] a biased trial judge, [3] racial discrimination in the selection of a grand jury, [4] denial of self-representation at trial, [5] denial of a public trial, [6] and a defective reasonable-doubt instruction. [7] Id. (citing Neder, 527 U.S. at 8 .) ¶ 75. | 1 | 6 |
Clemons v. Mississippigreen1 sentence2018Neder v. United States, 527 U.S. 1, 8 (1999). 5 No. 2016AP1409-CR.rgb Scarpa lists instances of jury instruction errors falling into the "trial error" category, including: "overbroad jury instructions used during the sentencing stage of a capital case [and] jury instructions containing an erroneous (but rebuttable) presumption . . . ." Id. at 14 (first citing Clemons v. Mississippi, 494 U.S. 738, 752 (1990); then citing Carella v. California, 491 U.S. 263 , 266–67 (1989)). ¶123 Jury instruction errors falling into the "structural error" category and requiring automatic reversal are rare. | 1 | 1 |
United States v. Gonzalez-Lopezgreen1 sentence2014The limited class of structural errors include: complete denial of the right to counsel, 13 a biased judge, 14 excluding members of the defendant's race from a grand jury, 15 denial of the right to self-representation, 16 denial of the right to a public trial, 17 and a defective reasonable doubt instruction. 18 Neder, 527 U.S. at 8 ; see also Gonzalez-Lopez, 548 U.S. at 148-49, 152 (determining that violating a defendant's right to counsel of his choice is structural error). | 1 | 1 |
Sullivan v. Louisianagreen1 sentence2014A defective reasonable doubt instruction is also structural because it "vitiates all the jury's findings" by "erecting a presumption regarding an element of the offense." Sullivan v. Louisiana, 508 U.S. 275, 280-81 (1993). ¶ 35. | 1 | 1 |
State v. Harveygreen2 sentences2003Harvey, 254 Wis. 2d 442, ¶ 37 (citing Neder, 527 U.S. at 7 ). *400 ¶ 36. 2003Harvey, 254 Wis. 2d 442, ¶ 37 (citing Neder, 527 U.S. at 7 ). ¶ 36. | 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. Pinno
green
2 sentences2022We distinguish that in this case, the circuit court did not dismiss D.L.’s attorney after 6 “The limited class of structural errors include: complete denial of the right to counsel, a biased judge, excluding members of the defendant’s race from a grand jury, denial of the right to self-representation, denial of the right to a public trial, and a defective reasonable doubt instruction.” State v. Pinno, 2014 WI 74, ¶50 , 356 Wis. 2d 106 , 850 N.W.2d 207 (footnotes omitted). 18 No. 2021AP2137 the default, as happened in Shirley E., and trial counsel appeared and participated in the July hearing w 2022We distinguish that in this case, the circuit court did not dismiss D.L.’s attorney after 6 “The limited class of structural errors include: complete denial of the right to counsel, a biased judge, excluding members of the defendant’s race from a grand jury, denial of the right to self-representation, denial of the right to a public trial, and a defective reasonable doubt instruction.” State v. Pinno, 2014 WI 74, ¶50 , 356 Wis. 2d 106 , 850 N.W.2d 207 (footnotes omitted). 18 No. 2021AP2137 the default, as happened in Shirley E., and trial counsel appeared and participated in the July hearing w | 2 | 2019–2022 |
State v. Angelica C. Nelson
green
2 sentences2022In the criminal law context, for example, the “limited class” of structural 7 “Whether a particular error is structural and therefore not subject to a harmless error review is a question of law for our independent review.” State v. Nelson, 2014 WI 70, ¶18 , 355 Wis. 2d 722 , 849 N.W.2d 317 . 14 No. 2021AP133 errors includes: “complete denial of the right to counsel, a biased judge, excluding members of the defendant’s race from a grand jury, denial of the right to self-representation, denial of the right to a public trial, and a defective reasonable doubt instruction.” Id., ¶50 (footnotes omit 2022In the criminal law context, for example, the “limited class” of structural 7 “Whether a particular error is structural and therefore not subject to a harmless error review is a question of law for our independent review.” State v. Nelson, 2014 WI 70, ¶18 , 355 Wis. 2d 722 , 849 N.W.2d 317 . 14 No. 2021AP133 errors includes: “complete denial of the right to counsel, a biased judge, excluding members of the defendant’s race from a grand jury, denial of the right to self-representation, denial of the right to a public trial, and a defective reasonable doubt instruction.” Id., ¶50 (footnotes omit | 1 | 2022–2022 |
State v. C. L. K. (In re S.M.H.)
green
1 sentence2019In C.L.K. , the court added to that class denying a respondent the opportunity to present his defense at the trial in the grounds phase of a termination of parental rights proceeding. 385 Wis. 2d 418 , ¶1. ¶39 Applying these principles, I conclude that the circuit court's attendance at the dispositional hearing by videoconferencing technology over D.J.S.'s objection constituted structural error. ¶40 "A termination of parental rights proceeding is ... not the ordinary civil action. | 1 | 2019–2019 |
Carella v. California
green
1 sentence2018Neder v. United States, 527 U.S. 1, 8 (1999). 5 No. 2016AP1409-CR.rgb Scarpa lists instances of jury instruction errors falling into the "trial error" category, including: "overbroad jury instructions used during the sentencing stage of a capital case [and] jury instructions containing an erroneous (but rebuttable) presumption . . . ." Id. at 14 (first citing Clemons v. Mississippi, 494 U.S. 738, 752 (1990); then citing Carella v. California, 491 U.S. 263 , 266–67 (1989)). ¶123 Jury instruction errors falling into the "structural error" category and requiring automatic reversal are rare. | 1 | 2018–2018 |
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.