9 Wisconsin opinions name it 2 courts 1984–2025 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 |
|---|---|---|
Ford Motor Co. v. Lyonsgreen1 sentence2011See id., 137 Wis. 2d at 417 . | 1 | 1 |
State v. Neusergreen2 sentences2008See State v. Neuser, 191 Wis. 2d 131, 140 , 528 N.W.2d 49 (Ct. App. 1995) (we have discretion to reverse on a waived error if the real controversy has not been fully tried). 2008See State v. Neuser, 191 Wis. 2d 131, 140 , 528 N.W.2d 49 (Ct. App. 1995) (we have discretion to reverse on a waived error if the real controversy has not been fully tried). | 1 | 1 |
State v. Schumachergreen2 sentences2007See State v. Schumacher, 144 Wis. 2d 388, 402, n.11 , 424 N.W.2d 672 (1988). 12 Although we do not have the common law power to review this type of waived error, we may exercise our discretionary power of reversal under Wis. Stat. § 752.35 when a waived error regarding a jury instruction results in the real controversy not being tried. 2007See State v. Schumacher, 144 Wis. 2d 388, 402, n.11 , 424 N.W.2d 672 (1988). 12 Although we do not have the common law power to review this type of waived error, we may exercise our discretionary power of reversal under Wis. Stat. § 752.35 when a waived error regarding a jury instruction results in the real controversy not being tried. | 1 | 1 |
Bradley v. Stategreen2 sentences1990Bradley v. State, 36 Wis. 2d 345 , 359-59a, 153 N.W.2d 38, 44, 45 (1967). 1990Bradley v. State, 36 Wis. 2d 345 , 359-59a, 153 N.W.2d 38, 44, 45 (1967). | 1 | 1 |
State v. Bembenekgreen2 sentences1987In addition to this discretionary power to review a claimed but waived error, we may elect to review a *305 waived error in the interest of justice under sec. 752.35, Stats., if it appears that the true controversy has not been fully tried or if it is probable that justice had miscarried. 5 State v. Bembenek, 111 Wis. 2d 617, 638 , 331 N.W.2d 616, 627 (Ct. App. 1983). 1987In addition to this discretionary power to review a claimed but waived error, we may elect to review a *305 waived error in the interest of justice under sec. 752.35, Stats., if it appears that the true controversy has not been fully tried or if it is probable that justice had miscarried. 5 State v. Bembenek, 111 Wis. 2d 617, 638 , 331 N.W.2d 616, 627 (Ct. App. 1983). | 1 | 1 |
County of Columbia v. Bylewskigreen2 sentences1984See County of Columbia v. Bylewski, 94 Wis. 2d 153, 171 , 288 N.W.2d 129, 138-39 (1980). 1984See County of Columbia v. Bylewski, 94 Wis. 2d 153, 171 , 288 N.W.2d 129, 138-39 (1980). | 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. Cockrell
green
2 sentences2025STAT. § 752.35 when a waived error regarding a jury instruction results in the real controversy not being tried.” State v. Cockrell, 2007 WI App 217 , ¶36 n.12, 306 Wis. 2d 52 , 741 N.W.2d 267 . 12 No. 2023AP2013-CR for my objection is I believe that [the instruction] could be read to say that an unrelated retaliation could prevent someone from coming to someone else’s aid.” ¶27 In context we view defense counsel’s statement of acquiescence— namely, “I think we finally got it”—as in reference to the circuit court’s suggested editing of the provocation instruction from stating “the alleged atta 2025STAT. § 752.35 when a waived error regarding a jury instruction results in the real controversy not being tried.” State v. Cockrell, 2007 WI App 217 , ¶36 n.12, 306 Wis. 2d 52 , 741 N.W.2d 267 . 12 No. 2023AP2013-CR for my objection is I believe that [the instruction] could be read to say that an unrelated retaliation could prevent someone from coming to someone else’s aid.” ¶27 In context we view defense counsel’s statement of acquiescence— namely, “I think we finally got it”—as in reference to the circuit court’s suggested editing of the provocation instruction from stating “the alleged atta | 1 | 2025–2025 |
FIRST WIS. NAT. BANK OF MILWAUKEE v. Wichman
green
2 sentences2008The tradename infringement jury instructions given by the circuit court were based directly on language in Wisconsin case law. 15 In First Wisconsin National Bank of Milwaukee v. Wichman, 85 Wis. 2d 54 , 270 N.W.2d 168 (1978), this court adopted the approach enunciated in the Restatement (Second) of Torts §§ 715, 716, 717 (Tentative Draft No. 8, 1963). 2008The tradename infringement jury instructions given by the circuit court were based directly on language in Wisconsin case law. 15 In First Wisconsin National Bank of Milwaukee v. Wichman, 85 Wis. 2d 54 , 270 N.W.2d 168 (1978), this court adopted the approach enunciated in the Restatement (Second) of Torts §§ 715, 716, 717 (Tentative Draft No. 8, 1963). | 1 | 2008–2008 |
State v. Damon
green
1 sentence1988That court held: "In Shah ... [t]he court was not establishing a new exception to sec. 805.13(3), but rather was simply electing to exercise its discretionary power to review the waived error.” Id. at 304 . | 1 | 1988–1988 |
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.