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8 Wisconsin opinions name it 2 courts 2004–2025 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 |
|---|---|---|
State v. Articgreen2 sentences2017See State v. Artic, 2010 WI 83, ¶¶28-33 , 327 Wis. 2d 392 , 786 N.W.2d 430 . ¶143 The Artic case sets forth the following non-exclusive list of factors to be considered in the totality of the circumstances to determine whether consent was freely and voluntarily given: (1) whether the police used deception, trickery, or misrepresentation in their dialogue with the defendant to persuade him to consent; (2) whether the police threatened or physically intimidated the defendant or "punished" him by the deprivation of something like food or sleep; (3) whether the conditions attending the request to 2017See State v. Artic, 2010 WI 83, ¶¶28-33 , 327 Wis. 2d 392 , 786 N.W.2d 430 . ¶143 The Artic case sets forth the following non-exclusive list of factors to be considered in the totality of the circumstances to determine whether consent was freely and voluntarily given: (1) whether the police used deception, trickery, or misrepresentation in their dialogue with the defendant to persuade him to consent; (2) whether the police threatened or physically intimidated the defendant or "punished" him by the deprivation of something like food or sleep; (3) whether the conditions attending the request to | 1 | 2 |
State v. Padleygreen2 sentences2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's 2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's | 1 | 1 |
State v. Giebelgreen2 sentences2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's 2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's | 1 | 1 |
Schneckloth v. Bustamontegreen1 sentence2017Schneckloth v. Bustamonte, 412 U.S. 218, 222, 225 (1973) (consent must result from "an essentially free and unconstrained choice").13 The State must meet this burden of proof by clear 13 In State v. Phillips, 218 Wis. 2d 180 , 577 N.W.2d 794 (1998), this court provided a non-exclusive list of factors for courts considering the voluntariness of consent to consider: (1) whether the police used deception, trickery, or misrepresentation in their dialogue with the defendant to persuade him to consent; (2) whether the police threatened or physically intimidated the defendant or "punished" him by the | 1 | 1 |
United States v. Elliottgreen1 sentence2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's | 1 | 1 |
State Ex Rel. Kalal v. Circuit Court for Dane Countygreen2 sentences2007Kalal v. Circuit Court for Dane County, 2004 WI 58, ¶¶7, 54 , 271 Wis. 2d 633 , 681 N.W.2d 110 . [24] Wisconsin Stat. § 48.415(6) provides a non-exclusive list of factors that the circuit court may consider as relevant to its determination of whether the parent failed to assume parental responsibility. 2007Kalal v. Circuit Court for Dane County, 2004 WI 58, ¶¶7, 54 , 271 Wis. 2d 633 , 681 N.W.2d 110 . [24] Wisconsin Stat. § 48.415(6) provides a non-exclusive list of factors that the circuit court may consider as relevant to its determination of whether the parent failed to assume parental responsibility. | 1 | 1 |
In RE MARRIAGE OF BATCHELOR v. Batchelorgreen1 sentence2006See Batchelor, 213 Wis. 2d at 256-60 . ¶ 25. | 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. Phillips
green
2 sentences2017Schneckloth v. Bustamonte, 412 U.S. 218, 222, 225 (1973) (consent must result from "an essentially free and unconstrained choice").13 The State must meet this burden of proof by clear 13 In State v. Phillips, 218 Wis. 2d 180 , 577 N.W.2d 794 (1998), this court provided a non-exclusive list of factors for courts considering the voluntariness of consent to consider: (1) whether the police used deception, trickery, or misrepresentation in their dialogue with the defendant to persuade him to consent; (2) whether the police threatened or physically intimidated the defendant or "punished" him by the 2017Schneckloth v. Bustamonte, 412 U.S. 218, 222, 225 (1973) (consent must result from "an essentially free and unconstrained choice").13 The State must meet this burden of proof by clear 13 In State v. Phillips, 218 Wis. 2d 180 , 577 N.W.2d 794 (1998), this court provided a non-exclusive list of factors for courts considering the voluntariness of consent to consider: (1) whether the police used deception, trickery, or misrepresentation in their dialogue with the defendant to persuade him to consent; (2) whether the police threatened or physically intimidated the defendant or "punished" him by the | 2 | 2017–2017 |
WJC v. Hon. Scott C. Woldt
neutral
1 sentence2025BERZ Per Curiam In re Disciplinary Proceedings Against Woldt, 2021 WI 73, ¶30 , 398 Wis. 2d 482 , 961 N.W.2d 854 . ¶15 The Panel found some of these factors to be mitigating and others aggravating. | 1 | 2025–2025 |
Gautreaux v. State
green
1 sentence2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's | 1 | 2017–2017 |
State v. Johnson
green
2 sentences2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's 2017State v. Artic, 2010 WI 83, ¶33 , 327 Wis. 2d 392 , 786 N.W.2d 430 (citing State v. Phillips, 218 Wis. 2d 180, 198-203 , 577 N.W.2d 794 (1998) (emphasis added). ¶144 Indeed, the statement in Padley 354 Wis. 2d 545, ¶64 , that consent requires a showing that a "search was the result of a free, intelligent, unequivocal and specific consent without any duress or coercion, actual or implied" seems to be a 24 No. 2015AP1261-CR.ssa shorthand form for the factors that this court has set forth in Artic.24 ¶145 With regard to the defendant's consent in the instant case, it was obtained by the officer's | 1 | 2017–2017 |
News and Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Group, Inc.
green
2 sentences2008The court provided a non-exclusive list of factors considered in its analysis. [16] The court emphasized the fact that the term "agency" is defined broadly under Florida's Public Records Act to include private entities "acting on behalf of any public agency." Id. (quoting Fla. Stat. ง 119.011(2)). 2008The court concluded that, after reviewing the totality of the factors, the firm was not acting on behalf of a public agency so as to fall under Chapter 119's definition of "agency." Id. at 1033 . ถ 175 Unlike Florida's public records laws, Wisconsin's public records laws do not extend to private entities acting "on behalf of a public agency." Compare Fla. Stat. ง 119.011(2) with Wis. Stat. ง 19.32(1). | 1 | 2008–2008 |
Darlie Kee Darin Routier v. City of Rowlett Texas Jimmy Ray Patterson Chris Frosch Greg Davis, Assistant District Attorney for Dallas County
green
1 sentence2008The factors include the following: (1) the volume of the statements; (2) the proximity of other individuals to the speaker, or the potential for others to *18 overhear the speaker; (3) the potential for the communications to be reported; 17 (4) the actions taken by the speaker to ensure his or her privacy; (5) the need to employ technological enhancements for one to hear the speaker's statements; and (6) the place or location where the statements are made. 18 See, e.g., Kee, 247 F.3d at 213-15 . ¶ 23. | 1 | 2008–2008 |
State v. Quinsanna D.
green
2 sentences2007Our analysis does not make this factor mandatory in the circuit court's determination; rather, the point is that when applying this factor, a circuit court must consider whether the father knew or had reason to believe the child existed. [25] For an example of an interpretation of "never," see State v Quinsanna D., 2002 WI App 318 , 259 Wis. 2d 429 , 655 N.W.2d 752 , in which the mother argued that because she had taken care of the children for two years before they were removed from her home, the jury verdict could not find that she never had a substantial relationship with them under Wis. St 2007Our analysis does not make this factor mandatory in the circuit court's determination; rather, the point is that when applying this factor, a circuit court must consider whether the father knew or had reason to believe the child existed. [25] For an example of an interpretation of "never," see State v Quinsanna D., 2002 WI App 318 , 259 Wis. 2d 429 , 655 N.W.2d 752 , in which the mother argued that because she had taken care of the children for two years before they were removed from her home, the jury verdict could not find that she never had a substantial relationship with them under Wis. St | 1 | 2007–2007 |
Ransom v. ST. REGIS FUND
green
1 sentence2004Surveying the cases, we discern the following non-exclusive list of factors: (1) Whether the corporation is organized under the tribe's laws or constitution; (2) Whether the corporation's purposes are similar to or serve those of the tribal government; (3) Whether the corporation's governing body is comprised mainly or solely of tribal officials; (4) Whether the tribe's governing body has the power to dismiss corporate officers; (5) Whether the corporate entity generates its own revenue; (6) Whether a suit against the corporation will affect the tribe's fiscal resources; (7) Whether the corpor | 1 | 2004–2004 |
Gavle v. Little Six, Inc.
green
1 sentence2004Surveying the cases, we discern the following non-exclusive list of factors: (1) Whether the corporation is organized under the tribe's laws or constitution; (2) Whether the corporation's purposes are similar to or serve those of the tribal government; (3) Whether the corporation's governing body is comprised mainly or solely of tribal officials; (4) Whether the tribe's governing body has the power to dismiss corporate officers; (5) Whether the corporate entity generates its own revenue; (6) Whether a suit against the corporation will affect the tribe's fiscal resources; (7) Whether the corpor | 1 | 2004–2004 |
Trudgeon v. Fantasy Springs Casino
green
1 sentence2004Surveying the cases, we discern the following non-exclusive list of factors: (1) Whether the corporation is organized under the tribe's laws or constitution; (2) Whether the corporation's purposes are similar to or serve those of the tribal government; (3) Whether the corporation's governing body is comprised mainly or solely of tribal officials; (4) Whether the tribe's governing body has the power to dismiss corporate officers; (5) Whether the corporate entity generates its own revenue; (6) Whether a suit against the corporation will affect the tribe's fiscal resources; (7) Whether the corpor | 1 | 2004–2004 |
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.