9 Wisconsin opinions name it 2 courts 1964–2008 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 |
|---|---|---|
Hill v. Stategreen2 sentences1982The judge, in the mental effort to grasp the principles and compose his sentences to express them under such disadvantage, may easily omit a word or use a wrong one, unconsciously to himself, and he cannot in any case retain in memory every word he used or omitted in a charge of the usual length, under such a practice. [Emphasis in original.] Hill v. State, 57 Wis. 377, 380-81 , 15 N.W. 445, 446-47 (1883). 1982The judge, in the mental effort to grasp the principles and compose his sentences to express them under such disadvantage, may easily omit a word or use a wrong one, unconsciously to himself, and he cannot in any case retain in memory every word he used or omitted in a charge of the usual length, under such a practice. [Emphasis in original.] Hill v. State, 57 Wis. 377, 380-81 , 15 N.W. 445, 446-47 (1883). | 2 | 2 |
United States v. Jane Readgreen1 sentence2005See State v. Windom, 169 Wis. 2d 341, 351-52 , 485 N.W.2d 832 (Ct. App. 1992) (the fact that the defendant violated the terms of his probation was a "new and additional" factor that the State was entitled to consider in the subsequent and separate sentence hearing); State v. Giebler, 591 P.2d 465, 467 (Wash. Ct. App. 1979) (defendant cannot rely upon an agreement when he commits another offense while awaiting sentencing); United States v. Read, 778 F.2d 1437, 1441-42 (9th Cir. 1985) (promise to "take no position on what sentence should be imposed" does not cover defendant's postplea criminalit | 1 | 1 |
State v. Windomgreen2 sentences2005See State v. Windom, 169 Wis. 2d 341, 351-52 , 485 N.W.2d 832 (Ct. App. 1992) (the fact that the defendant violated the terms of his probation was a "new and additional" factor that the State was entitled to consider in the subsequent and separate sentence hearing); State v. Giebler, 591 P.2d 465, 467 (Wash. Ct. App. 1979) (defendant cannot rely upon an agreement when he commits another offense while awaiting sentencing); United States v. Read, 778 F.2d 1437, 1441-42 (9th Cir. 1985) (promise to "take no position on what sentence should be imposed" does not cover defendant's postplea criminalit 2005See State v. Windom, 169 Wis. 2d 341, 351-52 , 485 N.W.2d 832 (Ct. App. 1992) (the fact that the defendant violated the terms of his probation was a "new and additional" factor that the State was entitled to consider in the subsequent and separate sentence hearing); State v. Giebler, 591 P.2d 465, 467 (Wash. Ct. App. 1979) (defendant cannot rely upon an agreement when he commits another offense while awaiting sentencing); United States v. Read, 778 F.2d 1437, 1441-42 (9th Cir. 1985) (promise to "take no position on what sentence should be imposed" does not cover defendant's postplea criminalit | 1 | 1 |
State v. Gieblergreen1 sentence2005See State v. Windom, 169 Wis. 2d 341, 351-52 , 485 N.W.2d 832 (Ct. App. 1992) (the fact that the defendant violated the terms of his probation was a "new and additional" factor that the State was entitled to consider in the subsequent and separate sentence hearing); State v. Giebler, 591 P.2d 465, 467 (Wash. Ct. App. 1979) (defendant cannot rely upon an agreement when he commits another offense while awaiting sentencing); United States v. Read, 778 F.2d 1437, 1441-42 (9th Cir. 1985) (promise to "take no position on what sentence should be imposed" does not cover defendant's postplea criminalit | 1 | 1 |
United States v. Edwin Alvarezgreen1 sentence1993Such term applies to offenses described in the previous sentence whether in violation of Federal or State law .... [Emphasis added.] 3 The Career Offender Guideline is sec. 4B1.1 of the United States Sentencing Guidelines. 4 In United States v. Alvarez, 914 F.2d 915, 918 (7th Cir. 1990), cert. denied, 111 S. Ct. 2057 (1991), the Seventh Circuit Court of Appeals relied upon the commentary to the United States Sentencing Guidelines when it decided to examine the underlying conduct as well as the elements of the offense charged. | 1 | 1 |
Witzel v. Stategreen2 sentences1992Witzel v. State, 45 Wis. 2d 295, 300 , 172 N.W.2d 692, 695 (1969). 1992Witzel v. State, 45 Wis. 2d 295, 300 , 172 N.W.2d 692, 695 (1969). | 1 | 1 |
Dick v. Heislergreen2 sentences1964See Dick v. Heisler (1924), 184 Wis. 77, 81 , 198 N. W. 734 ; State ex rel. 1964See Dick v. Heisler (1924), 184 Wis. 77, 81 , 198 N. W. 734 ; State ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Austin v. State
green
2 sentences2008Austin, 49 Wis.2d at 732 n. 2, 183 N.W.2d 56 (quoting Model Penal Code, § 7.05(4)) (emphasis added). 2008Austin, 49 Wis. 2d at 732 n.2 (quoting Model Penal Code, § 7.05(4)) (emphasis added). | 1 | 2008–2008 |
State v. Bangert
green
2 sentences2007The court must then ascertain the defendant's understanding of the nature of the charge. . . ." Id. [27] The final sentence of the instruction is to be used "if supported by the evidence." Wis. JICriminal 400 (2005). [28] Bangert, 131 Wis.2d at 268 , 389 N.W.2d 12 ; Brown, 293 Wis.2d 594, ¶¶ 46-51 , 716 N.W.2d 906 . 2007The court must then ascertain the defendant's understanding of the nature of the charge. . . ." Id. [27] The final sentence of the instruction is to be used "if supported by the evidence." Wis. JICriminal 400 (2005). [28] Bangert, 131 Wis.2d at 268 , 389 N.W.2d 12 ; Brown, 293 Wis.2d 594, ¶¶ 46-51 , 716 N.W.2d 906 . | 1 | 2007–2007 |
State v. Brown
green
2 sentences2007The court must then ascertain the defendant's understanding of the nature of the charge. . . ." Id. [27] The final sentence of the instruction is to be used "if supported by the evidence." Wis. JICriminal 400 (2005). [28] Bangert, 131 Wis.2d at 268 , 389 N.W.2d 12 ; Brown, 293 Wis.2d 594, ¶¶ 46-51 , 716 N.W.2d 906 . 2007The court must then ascertain the defendant's understanding of the nature of the charge. . . ." Id. [27] The final sentence of the instruction is to be used "if supported by the evidence." Wis. JICriminal 400 (2005). [28] Bangert, 131 Wis.2d at 268 , 389 N.W.2d 12 ; Brown, 293 Wis.2d 594, ¶¶ 46-51 , 716 N.W.2d 906 . | 1 | 2007–2007 |
State v. Hanson
green
1 sentence2004Hanson, 232 Wis. 2d 291, ¶¶ 27-28 . ¶ 25. | 1 | 2004–2004 |
Chaffin v. Stynchcombe
green
1 sentence2004In such circumstances there is "no realistic motive for vindictive sentencing," McCullough, 475 U.S. at 139 , such that it can be said there was a "reasonable likelihood of vindictiveness," Goodwin, 457 U.S. at 373 , much less a "possibility of vindictiveness." Chaffin, 412 U.S. at 26 . | 1 | 2004–2004 |
Texas v. McCullough
green
1 sentence2004In such circumstances there is "no realistic motive for vindictive sentencing," McCullough, 475 U.S. at 139 , such that it can be said there was a "reasonable likelihood of vindictiveness," Goodwin, 457 U.S. at 373 , much less a "possibility of vindictiveness." Chaffin, 412 U.S. at 26 . | 1 | 2004–2004 |
United States v. Goodwin
green
1 sentence2004In such circumstances there is "no realistic motive for vindictive sentencing," McCullough, 475 U.S. at 139 , such that it can be said there was a "reasonable likelihood of vindictiveness," Goodwin, 457 U.S. at 373 , much less a "possibility of vindictiveness." Chaffin, 412 U.S. at 26 . | 1 | 2004–2004 |
Alvarez v. United States
green
1 sentence1993Such term applies to offenses described in the previous sentence whether in violation of Federal or State law .... [Emphasis added.] 3 The Career Offender Guideline is sec. 4B1.1 of the United States Sentencing Guidelines. 4 In United States v. Alvarez, 914 F.2d 915, 918 (7th Cir. 1990), cert. denied, 111 S. Ct. 2057 (1991), the Seventh Circuit Court of Appeals relied upon the commentary to the United States Sentencing Guidelines when it decided to examine the underlying conduct as well as the elements of the offense charged. | 1 | 1993–1993 |
Santobello v. New York
green
1 sentence1992Id. at 258-59 . [8] The State in Witzel originally agreed to remain silent on a sentence recommendation at the defendant's sentence hearing. | 1 | 1992–1992 |
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.