example exception (Wisconsin) · Go Syfert
← Wisconsin issues

example exception in Wisconsin

8 Wisconsin opinions name it 2 courts 1979–2022 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.

Followed or applied (2)

CaseFollowedCited
State v. Ansongreen
wis · 2005 · cited in 2 Wisconsin opinions naming this issue, 2013–2013
2 sentences

2013An example of this principle is set forth in Anson , which stated that a circuit court may not state "its opinion [that] the witness was being intimidated by the presence of several well-known gang members in the courtroom, if the presence and behavior of these individuals was not documented in the record." Anson, 282 Wis. 2d 629, ¶ 34 (emphasis in original).

2013Although a circuit court may make credibility determinations when making its factual findings, the case law indicates a circuit court may not rely on its personal knowledge of events not appearing in the record.37 A circuit court that relies on its own personal observations of events not in the record as the basis for a 37 An example of this principle is set forth in Anson, which stated that a circuit court may not state "its opinion [that] the witness was being intimidated by the presence of several well-known gang members in the courtroom, if the presence and behavior of these individuals wa

22
Trinkle v. Schumacher Co.green
wisctapp · 1980 · cited in 1 Wisconsin opinions naming this issue, 2011–2011
2 sentences

2011For an example of a clause that modified remedies for the breach of a warranty, see Trinkle v. Schumacher Co., 100 Wis. 2d 13, 14, 17-20 , 301 N.W.2d 255 , 256, 258-259 (Ct. App. 1980), which held, under the circumstances in that case, that the limitation was "unconscionable" — see Wis. Stat. § 402.719 (3).

2011For an example of a clause that modified remedies for the breach of a warranty, see Trinkle v. Schumacher Co., 100 Wis. 2d 13, 14, 17-20 , 301 N.W.2d 255 , 256, 258-259 (Ct. App. 1980), which held, under the circumstances in that case, that the limitation was "unconscionable" — see Wis. Stat. § 402.719 (3).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Williams v. State green
ind · 1997
1 sentence

2022A classic example of this defense tactic was addressed by the Indiana Supreme Court in Williams v. State, 681 N.E.2d 195 (Ind. 1997).

12022–2022
In Matter of Mental Condition of GOT green
wisctapp · 1989
2 sentences

2022An example of this principle in practice is provided by Rock County v. G.O.T., 151 Wis. 2d 629 , 631, 445 N.W.2d 697 (Ct. App. 1989).

2022An example of this principle in practice is provided by Rock County v. G.O.T., 151 Wis. 2d 629 , 631, 445 N.W.2d 697 (Ct. App. 1989).

12022–2022
State v. Sullivan green
wis · 1998
2 sentences

2018State v. Sullivan , 216 Wis. 2d 768 , 789-90, 576 N.W.2d 30 (citations omitted). ¶ 63 The submission of Exhibit 79 to the jury is an example of an error with such a substantial prejudicial impact that confidence in the result of the entire trial is undermined. ¶ 64 The circuit court aptly recounted the prejudicial nature of Exhibit 79.

2018State v. Sullivan , 216 Wis. 2d 768 , 789-90, 576 N.W.2d 30 (citations omitted). ¶ 63 The submission of Exhibit 79 to the jury is an example of an error with such a substantial prejudicial impact that confidence in the result of the entire trial is undermined. ¶ 64 The circuit court aptly recounted the prejudicial nature of Exhibit 79.

12018–2018
Wyatt Industries, Inc. v. Publicker Industries, Inc. green
ca5 · 1969
1 sentence

2011As a matter of historical interest, the author of Wyatt Industries, Inc. v. Publicker Industries, Inc., 420 F.2d 454 (5th Cir. 1969), was G.

12011–2011
Castro v. New York Life Insurance green
nysupct · 1991
1 sentence

1996Co., 588 N.Y.S.2d 695 (N.Y.

11996–1996
Kmiec v. Town of Spider Lake green
wis · 1973
2 sentences

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

11979–1979
Town of Sutton v. Water Supply neutral
nh · 1976
2 sentences

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

11979–1979
Terry v. Kolski green
wis · 1977
2 sentences

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

11979–1979
Townsend v. Wisconsin Desert Horse Ass'n green
wis · 1969
2 sentences

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

11979–1979
Hecker v. Gunderson neutral
wis · 1944
2 sentences

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

1979Cf. 40 CFR, sec. 35.905-14. 4 Kegonsa’s claim for injunctive relief is moot, construction of the Stoughton disposal plant having already been completed. 5 Also see Terry v. Kolski, 78 Wis.2d 475 , 254 N.W.2d 704 (1977). 6 Town of Sutton v. Water Supply & Pollution Control Com’n, 116 N.H. 154, 156 , 355 A.2d 867 (1976). 7 Stoughton’s citation of this court’s holding in Hecker v. Gunderson, 245 Wis. 655, 663 , 15 N.W.2d 788 (1944), is not apropos. 8 Kmiec v. Town of Spider Lake, 60 Wis.2d 640, 646 , 211 N.W. 2d 471 (1973), which involved a challenge to the constitutional validity of a zoning ord

11979–1979

Statutes the citing opinions construe

WI § Wis. Stat. § 946.49 (3)

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.

Where else courts name it

CA 45 (1901–2024) MS 33 (1974–2022) TX 28 (1920–2025) IL 27 (1878–2023) FL 24 (1953–2015) NY 19 (1860–2025) PA 17 (1940–2017) MD 14 (1915–2022) NJ 14 (1977–2025) OH 12 (1904–2020) MI 11 (1974–2024) IN 10 (1989–2019) WA 9 (1992–2026) OR 9 (1954–2022) VA 9 (1996–2025) KS 8 (1980–2023) MN 8 (1896–2014) TN 8 (1945–2021) WI 8 (1979–2022) NM 7 (1938–2019) LA 7 (1981–2026) CT 7 (1978–2024) GA 6 (1977–2021) IA 6 (1947–2001) NC 6 (1976–2017) ID 6 (1972–2015) MT 6 (1923–2024) CO 5 (1946–2019) KY 5 (1924–2011) SC 5 (1996–2017) MA 5 (1980–2015) MO 5 (1915–2015) WY 4 (1983–2015) AR 4 (1990–2016) WV 4 (1982–2018) UT 4 (1999–2008) AK 3 (1991–2014) ME 3 (1998–2023) RI 3 (1979–1995) NE 3 (1983–1989) AL 3 (1887–2012) OK 3 (1930–2000) NV 2 (1941–2008) DC 2 (1989–1993) HI 2 (1960–1995) AZ 2 (2000–2010)

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.

← Caselaw search · G Cite Topics · Brief Check