54 Wisconsin opinions name it 2 courts 1969–2025 16 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. Thomasgreen2 sentences2023The manifest injustice standard requires the defendant to show “a serious flaw in the fundamental integrity of the plea.” Id. (citation omitted). 2021The manifest injustice standard requires the defendant to show “a serious flaw in the fundamental integrity of the plea.” Id. (citation omitted). ¶5 One way for a defendant to meet this burden is to show that he or she did not knowingly, intelligently and voluntarily enter the plea. | 3 | 10 |
State v. Reppingreen2 sentences2013In this case, the State argues that the manifest injustice test under Reppin governs whether Taylor should be allowed to withdraw his plea. 18 State v. Reppin, 35 Wis. 2d 377, 381 , 151 N.W.2d 9 (1967). 2013In this case, the State argues that the manifest injustice test under Reppin governs whether Taylor should be allowed to withdraw his plea. 18 State v. Reppin, 35 Wis. 2d 377, 381 , 151 N.W.2d 9 (1967). | 2 | 9 |
State v. Bangertgreen2 sentences2021The same “manifest injustice” test applies, State v. Negrete, 2012 WI 92, ¶16 , 343 Wis. 2d 1 , 819 N.W.2d 749 , and ineffective assistance of counsel can satisfy the manifest injustice test, State v. Hudson, 2013 WI App 120, ¶11 , 351 Wis. 2d 73 , 839 N.W.2d 147 . 3 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 5 No. 2019AP1880-CR ¶12 To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that counsel’s representation was deficient and that the deficiency was prejudicial. 2021The same “manifest injustice” test applies, State v. Negrete, 2012 WI 92, ¶16 , 343 Wis. 2d 1 , 819 N.W.2d 749 , and ineffective assistance of counsel can satisfy the manifest injustice test, State v. Hudson, 2013 WI App 120, ¶11 , 351 Wis. 2d 73 , 839 N.W.2d 147 . 3 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 5 No. 2019AP1880-CR ¶12 To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that counsel’s representation was deficient and that the deficiency was prejudicial. | 2 | 4 |
White v. Stategreen2 sentences2021We need not settle this point, however, because 7 The State correctly recites the general rule that, “when applying the manifest injustice test, ‘a reviewing court may look beyond the plea hearing transcript’ to the totality of the circumstances,” including “the plea hearing record, the sentencing hearing record [and] other portions of the record.” State v. Cain, 2012 WI 68, ¶¶29-31 , 342 Wis. 2d 1 , 816 N.W.2d 177 (citations omitted); see also White v. State, 85 Wis. 2d 485, 491 , 271 N.W.2d 97 (1978) (in evaluating whether the plea lacks a factual basis, “this court may consider the whole re 2021We need not settle this point, however, because 7 The State correctly recites the general rule that, “when applying the manifest injustice test, ‘a reviewing court may look beyond the plea hearing transcript’ to the totality of the circumstances,” including “the plea hearing record, the sentencing hearing record [and] other portions of the record.” State v. Cain, 2012 WI 68, ¶¶29-31 , 342 Wis. 2d 1 , 816 N.W.2d 177 (citations omitted); see also White v. State, 85 Wis. 2d 485, 491 , 271 N.W.2d 97 (1978) (in evaluating whether the plea lacks a factual basis, “this court may consider the whole re | 2 | 4 |
State v. Pettitgreen2 sentences2024See State v. Pettit, 171 Wis. 2d 627, 646 , 492 N.W.2d 633 (Ct. App. 1992). 7 Nichols relies on the dissent in Tesco American, Inc. v. Strong Industries, Inc., 221 S.W.3d 550 (Tex. 2006) (Hecht, J., dissenting), to support his position that the “City of Marinette” is a law firm. 2024See State v. Pettit, 171 Wis. 2d 627, 646 , 492 N.W.2d 633 (Ct. App. 1992). 7 Nichols relies on the dissent in Tesco American, Inc. v. Strong Industries, Inc., 221 S.W.3d 550 (Tex. 2006) (Hecht, J., dissenting), to support his position that the “City of Marinette” is a law firm. | 2 | 2 |
State v. Daleygreen2 sentences2024See State v. Daley, 2006 WI App 81, ¶18 , 292 Wis. 2d 517 , 716 N.W.2d 146 . 2024See State v. Daley, 2006 WI App 81, ¶18 , 292 Wis. 2d 517 , 716 N.W.2d 146 . | 2 | 2 |
State v. McCallumgreen2 sentences2025Plea withdrawal under the manifest injustice standard “rests in the circuit court’s discretion.” McCallum, 208 Wis. 2d at 473 . ¶19 For newly-discovered evidence to constitute a manifest injustice, several criteria must be met. 2025“The withdrawal of a plea under the manifest injustice standard rests in the circuit court’s discretion,” and “[w]e will only reverse if the circuit court has failed to properly exercise its discretion.” Id. ¶16 In some cases, newly discovered evidence may be sufficient to establish a manifest injustice entitling a defendant to plea withdrawal. | 1 | 7 |
State v. Caingreen2 sentences2024A defendant can meet the manifest injustice standard by showing that he or she “did not knowingly, intelligently, and voluntarily enter the plea,” id. (citation omitted), that his or her counsel was ineffective, State v. Cain, 2012 WI 68, ¶26 , 342 Wis. 2d 1 , 816 N.W.2d 177 , or that newly discovered evidence exists, State v. Ferguson, 2014 WI App 48, ¶24 , 354 Wis. 2d 253 , 847 N.W.2d 900 .3 A. Knowing, intelligent, and voluntary—maximum sentence ¶10 Voss’s postconviction motion alleged that his pleas were not entered knowingly, intelligently, and voluntarily because the circuit court failed 2024A defendant can meet the manifest injustice standard by showing that he or she “did not knowingly, intelligently, and voluntarily enter the plea,” id. (citation omitted), that his or her counsel was ineffective, State v. Cain, 2012 WI 68, ¶26 , 342 Wis. 2d 1 , 816 N.W.2d 177 , or that newly discovered evidence exists, State v. Ferguson, 2014 WI App 48, ¶24 , 354 Wis. 2d 253 , 847 N.W.2d 900 .3 A. Knowing, intelligent, and voluntary—maximum sentence ¶10 Voss’s postconviction motion alleged that his pleas were not entered knowingly, intelligently, and voluntarily because the circuit court failed | 1 | 7 |
State v. Nawrockegreen2 sentences2024The manifest injustice standard requires a “showing of a serious flaw in the fundamental integrity of the plea,” State v. Nawrocke, 193 Wis. 2d 373, 379 , 534 N.W.2d 624 (Ct. App. 1995), and “sets a high bar for overcoming waiver,” Abbott, 392 Wis. 2d 232, ¶39 . 2024The manifest injustice standard requires a “showing of a serious flaw in the fundamental integrity of the plea,” State v. Nawrocke, 193 Wis. 2d 373, 379 , 534 N.W.2d 624 (Ct. App. 1995), and “sets a high bar for overcoming waiver,” Abbott, 392 Wis. 2d 232, ¶39 . | 1 | 5 |
State v. Bentleygreen2 sentences2021Bentley, 201 Wis. 2d at 311 . “[W]hen applying the manifest injustice test, ‘a reviewing court may look beyond the plea hearing transcript’ to the totality of the circumstances.” 19 No. 2019AP2383-CR State v. Cain, 2012 WI 68, ¶31 , 342 Wis. 2d 1 , 816 N.W.2d 177 (citation omitted). 2020See State v. Bentley, 201 Wis. 2d 303, 311 , 548 N.W.2d 50 (1996).5 A defendant has the burden of proving a manifest injustice by clear and convincing evidence. | 1 | 4 |
State v. Washingtongreen2 sentences2020The manifest injustice test requires a defendant to show “‘a serious flaw in the fundamental integrity of the plea.’” Id. (quoting State v. Nawrocke, 193 Wis. 2d 373, 379 , 534 N.W.2d 624 (Ct. App. 1995)). “[I]f a circuit court fails to establish a factual basis that the defendant admits constitutes the offense pleaded to, manifest injustice has occurred.” Id., ¶17 (citing White v. State, 85 Wis. 2d 485, 488 , 271 N.W.2d 97 (1978)). 2013See State v. Washington, 176 Wis. 2d 205 , 213-214, 500 N.W.2d 331 , 335 (Ct. App. 1993). | 1 | 3 |
State v. Gerald D. Taylorgreen2 sentences2020In State v. Taylor, 2013 WI 34, ¶¶43-47 , 347 Wis. 2d 30 , 829 17 No. 2019AP21-CR N.W.2d 482, the Wisconsin Supreme Court determined that the manifest injustice standard applies when a defendant seeks to withdraw a guilty plea based on an error in the plea colloquy. 2020In State v. Taylor, 2013 WI 34, ¶¶43-47 , 347 Wis. 2d 30 , 829 17 No. 2019AP21-CR N.W.2d 482, the Wisconsin Supreme Court determined that the manifest injustice standard applies when a defendant seeks to withdraw a guilty plea based on an error in the plea colloquy. | 1 | 3 |
Libke v. Stategreen2 sentences2014See, for example, the American Bar Association's 1999 1 State v. Taylor, 2013 WI 34, ¶71 , 347 Wis. 2d 30 , 829 N.W.2d 482 (Prosser, J., concurring). 2 American Bar Association Project on Standards for Criminal Justice, Standards Relating to Pleas of Guilty § 2.1(b) (Approved Draft 1968); Libke v. State, 60 Wis. 2d 121, 128-29 , 208 N.W.2d 331 (1973) (rejecting the manifest injustice standard in favor of the "fair and just reason" standard based on the 1967 ABA standards). 2 No. 2011AP2733-CR.ssa revised criminal justice standards,3 the Federal Rules of Criminal Procedure,4 the Uniform Rules o 2014See, for example, the American Bar Association's 1999 1 State v. Taylor, 2013 WI 34, ¶71 , 347 Wis. 2d 30 , 829 N.W.2d 482 (Prosser, J., concurring). 2 American Bar Association Project on Standards for Criminal Justice, Standards Relating to Pleas of Guilty § 2.1(b) (Approved Draft 1968); Libke v. State, 60 Wis. 2d 121, 128-29 , 208 N.W.2d 331 (1973) (rejecting the manifest injustice standard in favor of the "fair and just reason" standard based on the 1967 ABA standards). 2 No. 2011AP2733-CR.ssa revised criminal justice standards,3 the Federal Rules of Criminal Procedure,4 the Uniform Rules o | 1 | 3 |
State v. Boothgreen2 sentences2007The manifest injustice test requires a defendant to show "a serious flaw in the fundamental integrity of the plea," id. (citations omitted), not simply disappointment with the sentence imposed, see State v. Booth, 142 Wis. 2d 232, 237 , 418 N.W.2d 20 (Ct. App. 1987). 2007The manifest injustice test requires a defendant to show "a serious flaw in the fundamental integrity of the plea," id. (citations omitted), not simply disappointment with the sentence imposed, see State v. Booth, 142 Wis. 2d 232, 237 , 418 N.W.2d 20 (Ct. App. 1987). | 1 | 2 |
Tesco American, Inc. v. Strong Industries, Inc.green1 sentence2024See State v. Pettit, 171 Wis. 2d 627, 646 , 492 N.W.2d 633 (Ct. App. 1992). 7 Nichols relies on the dissent in Tesco American, Inc. v. Strong Industries, Inc., 221 S.W.3d 550 (Tex. 2006) (Hecht, J., dissenting), to support his position that the “City of Marinette” is a law firm. | 1 | 1 |
State v. Ndinagreen2 sentences2024See State v. Ndina, 2009 WI 21, ¶29 , 315 Wis. 2d 653 , 761 N.W.2d 612 (explaining the difference between forfeiture and waiver). 2024See State v. Ndina, 2009 WI 21, ¶29 , 315 Wis. 2d 653 , 761 N.W.2d 612 (explaining the difference between forfeiture and waiver). | 1 | 1 |
State v. Christopher Joseph Allengreen1 sentence2022See Allen, 373 Wis. 2d 98, ¶46 . ¶27 Because Viezbicke failed to establish ineffective assistance, he cannot satisfy the manifest injustice standard, and he is not entitled to plea withdrawal. | 1 | 1 |
State v. Myron C. Dillardgreen2 sentences2021See generally State v. Dillard, 2014 WI 123, ¶84 , 358 Wis. 2d 543 , 859 N.W.2d 44 (discussing plea withdrawal based on ineffective assistance of counsel under the manifest injustice standard). 2021See generally State v. Dillard, 2014 WI 123, ¶84 , 358 Wis. 2d 543 , 859 N.W.2d 44 (discussing plea withdrawal based on ineffective assistance of counsel under the manifest injustice standard). | 1 | 1 |
| State v. Stewartgreen | 1 | 1 |
State v. Armstronggreen1 sentence2020Compare Armstrong, 223 Wis. 2d at 369 (articulating the standard as asking “whether there is a reasonable possibility that the error contributed to the conviction”) (emphasis added) with State v. Hale, 2005 WI 7, ¶60 , 277 Wis. 2d 593 , 691 N.W.2d 637 (articulating the standard as whether the State has “prove[n] beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained”) (emphasis added, internal quotations omitted). | 1 | 1 |
State v. Riekkoffgreen2 sentences2020See State v. Riekkoff, 112 Wis. 2d 119, 123-25 , 332 N.W.2d 744 (1983). 2020See State v. Riekkoff, 112 Wis. 2d 119, 123-25 , 332 N.W.2d 744 (1983). | 1 | 1 |
| In RE MARRIAGE OF COOK v. Cookgreen | 1 | 1 |
| State v. Halegreen | 1 | 1 |
| Nelson v. Stategreen | 1 | 1 |
| State v. Lichtygreen | 1 | 1 |
| State v. Hamptongreen | 1 | 1 |
| State v. Hoppegreen | 1 | 1 |
| State v. Lackershiregreen | 1 | 1 |
| State v. Shegrudgreen | 1 | 1 |
| State v. Spearsgreen | 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. Brown
green
2 sentences2021State v. Brown, 2006 WI 100, ¶18 , 293 Wis. 2d 594 , 716 N.W.2d 906 . 2021State v. Brown, 2006 WI 100, ¶18 , 293 Wis. 2d 594 , 716 N.W.2d 906 . | 3 | 2016–2021 |
State v. Ferguson
green
2 sentences2024A defendant can meet the manifest injustice standard by showing that he or she “did not knowingly, intelligently, and voluntarily enter the plea,” id. (citation omitted), that his or her counsel was ineffective, State v. Cain, 2012 WI 68, ¶26 , 342 Wis. 2d 1 , 816 N.W.2d 177 , or that newly discovered evidence exists, State v. Ferguson, 2014 WI App 48, ¶24 , 354 Wis. 2d 253 , 847 N.W.2d 900 .3 A. Knowing, intelligent, and voluntary—maximum sentence ¶10 Voss’s postconviction motion alleged that his pleas were not entered knowingly, intelligently, and voluntarily because the circuit court failed 2024A defendant can meet the manifest injustice standard by showing that he or she “did not knowingly, intelligently, and voluntarily enter the plea,” id. (citation omitted), that his or her counsel was ineffective, State v. Cain, 2012 WI 68, ¶26 , 342 Wis. 2d 1 , 816 N.W.2d 177 , or that newly discovered evidence exists, State v. Ferguson, 2014 WI App 48, ¶24 , 354 Wis. 2d 253 , 847 N.W.2d 900 .3 A. Knowing, intelligent, and voluntary—maximum sentence ¶10 Voss’s postconviction motion alleged that his pleas were not entered knowingly, intelligently, and voluntarily because the circuit court failed | 2 | 2022–2024 |
State v. Negrete
green
2 sentences2021The same “manifest injustice” test applies, State v. Negrete, 2012 WI 92, ¶16 , 343 Wis. 2d 1 , 819 N.W.2d 749 , and ineffective assistance of counsel can satisfy the manifest injustice test, State v. Hudson, 2013 WI App 120, ¶11 , 351 Wis. 2d 73 , 839 N.W.2d 147 . 3 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 5 No. 2019AP1880-CR ¶12 To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that counsel’s representation was deficient and that the deficiency was prejudicial. 2021The same “manifest injustice” test applies, State v. Negrete, 2012 WI 92, ¶16 , 343 Wis. 2d 1 , 819 N.W.2d 749 , and ineffective assistance of counsel can satisfy the manifest injustice test, State v. Hudson, 2013 WI App 120, ¶11 , 351 Wis. 2d 73 , 839 N.W.2d 147 . 3 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 5 No. 2019AP1880-CR ¶12 To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that counsel’s representation was deficient and that the deficiency was prejudicial. | 2 | 2018–2021 |
State v. Hudson
green
2 sentences2021The same “manifest injustice” test applies, State v. Negrete, 2012 WI 92, ¶16 , 343 Wis. 2d 1 , 819 N.W.2d 749 , and ineffective assistance of counsel can satisfy the manifest injustice test, State v. Hudson, 2013 WI App 120, ¶11 , 351 Wis. 2d 73 , 839 N.W.2d 147 . 3 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 5 No. 2019AP1880-CR ¶12 To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that counsel’s representation was deficient and that the deficiency was prejudicial. 2021The same “manifest injustice” test applies, State v. Negrete, 2012 WI 92, ¶16 , 343 Wis. 2d 1 , 819 N.W.2d 749 , and ineffective assistance of counsel can satisfy the manifest injustice test, State v. Hudson, 2013 WI App 120, ¶11 , 351 Wis. 2d 73 , 839 N.W.2d 147 . 3 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 5 No. 2019AP1880-CR ¶12 To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that counsel’s representation was deficient and that the deficiency was prejudicial. | 2 | 2018–2021 |
State v. Krieger
green
2 sentences2013State v. Krieger, 163 Wis. 2d 241 , 251 n.6, 471 N.W.2d 599 (Ct. App. 1991) (citing ABA Standards for Criminal Justice sec. 14- 31 No. 2011AP1030-CR 2.1(b)(ii)(A)——(F) (2d ed. 1980 & Supp. 1986)).17 "The reviewing court looks at the entirety of the record to determine whether, considered as a whole, the record supports the assertion that manifest injustice will occur if the plea is not withdrawn." Cain, 342 Wis. 2d 1, ¶31 . ¶50 In this case, the State argues that the manifest injustice test under Reppin governs whether Taylor should be allowed to withdraw his plea.18 State v. Reppin, 35 Wis. 2 2013State v. Krieger, 163 Wis. 2d 241 , 251 n.6, 471 N.W.2d 599 (Ct. App. 1991) (citing ABA Standards for Criminal Justice sec. 14- 31 No. 2011AP1030-CR 2.1(b)(ii)(A)——(F) (2d ed. 1980 & Supp. 1986)).17 "The reviewing court looks at the entirety of the record to determine whether, considered as a whole, the record supports the assertion that manifest injustice will occur if the plea is not withdrawn." Cain, 342 Wis. 2d 1, ¶31 . ¶50 In this case, the State argues that the manifest injustice test under Reppin governs whether Taylor should be allowed to withdraw his plea.18 State v. Reppin, 35 Wis. 2 | 2 | 1997–2013 |
In Re the Termination of Parental Rights to Marquette S.
green
2 sentences2024A TPR proceeding involves the competing interests “of the biological parent in his or her relationship with the child, those of the child in permanence and stability in familial relationships, and those of the State in securing efficient and speedy 7 This court received a brief opposing S.A.J.’s appeal from K.M.J.’s guardian ad litem. 10 No. 2022AP2085 resolution of termination of parental rights proceedings.” State v. Bobby G., 2007 WI 77, ¶60 , 301 Wis. 2d 531 , 734 N.W.2d 81 . 2024A TPR proceeding involves the competing interests “of the biological parent in his or her relationship with the child, those of the child in permanence and stability in familial relationships, and those of the State in securing efficient and speedy 7 This court received a brief opposing S.A.J.’s appeal from K.M.J.’s guardian ad litem. 10 No. 2022AP2085 resolution of termination of parental rights proceedings.” State v. Bobby G., 2007 WI 77, ¶60 , 301 Wis. 2d 531 , 734 N.W.2d 81 . | 1 | 2024–2024 |
State v. Keith M. Abbott
green
2 sentences2024The manifest injustice standard requires a “showing of a serious flaw in the fundamental integrity of the plea,” State v. Nawrocke, 193 Wis. 2d 373, 379 , 534 N.W.2d 624 (Ct. App. 1995), and “sets a high bar for overcoming waiver,” Abbott, 392 Wis. 2d 232, ¶39 . 2024Further, at the subsequent plea hearing, S.A.J. testified that she was satisfied with trial counsel’s representation.11 In any event, S.A.J.’s burden is to meet the manifest injustice standard by “clear and convincing evidence.” Abbott, 392 Wis. 2d 232, ¶39 . | 1 | 2024–2024 |
State v. Richard J. Sulla
green
2 sentences2024A defendant can meet the manifest injustice standard by showing that he or she “did not knowingly, intelligently, and voluntarily enter the plea,” id. (citation omitted), that his or her counsel was ineffective, State v. Cain, 2012 WI 68, ¶26 , 342 Wis. 2d 1 , 816 N.W.2d 177 , or that newly discovered evidence exists, State v. Ferguson, 2014 WI App 48, ¶24 , 354 Wis. 2d 253 , 847 N.W.2d 900 .3 A. Knowing, intelligent, and voluntary—maximum sentence ¶10 Voss’s postconviction motion alleged that his pleas were not entered knowingly, intelligently, and voluntarily because the circuit court failed 2024The court relied on the plea questionnaire and waiver of rights form to advise Voss of the potential punishment he could face for his pleas, 3 “Two legal paths are available to a defendant who seeks to withdraw his [or her] plea after sentencing.” State v. Sulla, 2016 WI 46, ¶25 , 369 Wis. 2d 225 , 880 N.W.2d 659 . | 1 | 2024–2024 |
State v. Jones
green
2 sentences2021We therefore review “the entirety of the record to determine whether, considered as a whole, the record supports the assertion that manifest injustice will occur if the plea is not withdrawn.” Id. ¶37 “Whether trial counsel should be relieved and a new attorney appointed is a matter within the circuit court’s discretion.” State v. Jones, 2010 WI 72, ¶23 , 326 Wis. 2d 380 , 797 N.W.2d 378 . 2021We therefore review “the entirety of the record to determine whether, considered as a whole, the record supports the assertion that manifest injustice will occur if the plea is not withdrawn.” Id. ¶37 “Whether trial counsel should be relieved and a new attorney appointed is a matter within the circuit court’s discretion.” State v. Jones, 2010 WI 72, ¶23 , 326 Wis. 2d 380 , 797 N.W.2d 378 . | 1 | 2021–2021 |
State v. Jeannie M. P.
green
2 sentences2021State v. Jeannie M.P., 2005 WI App 183, ¶6 , 286 Wis. 2d 721 , 703 N.W.2d 694 . 2021State v. Jeannie M.P., 2005 WI App 183, ¶6 , 286 Wis. 2d 721 , 703 N.W.2d 694 . | 1 | 2021–2021 |
| State v. Peralta green | 1 | 2018–2018 |
| State v. Howell green | 1 | 2018–2018 |
| State Ex Rel. Warren v. Schwarz green | 1 | 2018–2018 |
| State v. Cross green | 1 | 2016–2016 |
| State v. Jenkins green | 1 | 2013–2013 |
| State v. Shimek green | 1 | 2007–2007 |
| State v. Kivioja green | 1 | 2007–2007 |
| Berry v. State green | 1 | 1997–1997 |
| Creighbaum v. State neutral | 1 | 1978–1978 |
| Robinson v. California green | 1 | 1973–1973 |
| Brisk v. State green | 1 | 1970–1970 |
| Ernst v. State green | 1 | 1970–1970 |
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.