escape exception in Wisconsin

7 Wisconsin opinions name it 2 courts 1977–2025 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.

Followed or applied (6)

Case	Followed	Cited
Poling v. Wisconsin Physicians Servicegreen wisctapp · 1984 · cited in 3 Wisconsin opinions naming this issue, 2006–2025 2 sentences 2025See Poling, 120 Wis. 2d at 613 (“The only escape clause for avoidance of th[e] interest assessment is when the insurer has reasonable proof that it is not responsible for the payment.”). ¶40 In sum, because Erie acknowledges that it cannot produce “reasonable proof” that it was not responsible for paying the deductible, we affirm summary judgment for Schmidt on the property damage aspect of the breach of contract cause of action because it is undisputed that Erie failed to pay the deductible within 30 days of receiving notice of Schmidt’s claim.5 B. 2017"The only escape clause for avoidance of this interest assessment is when the insurer has reasonable proof that it is not responsible for the payment." Poling, 120 Wis. 2d at 613 . ¶ 44.	1	3
cluster 595230green ca7 · 1993 · cited in 1 Wisconsin opinions naming this issue, 2006–2006 1 sentence 2006Co., 979 F.2d 1187, 1202 (7th Cir.1992).	1	1
Roeske v. Diefenbachgreen wis · 1977 · cited in 1 Wisconsin opinions naming this issue, 1998–1998 2 sentences 1998See id. at 259 , 249 N.W.2d at 559 . 1998See id. at 259 , 249 N.W.2d at 559 .	1	1
Commonwealth v. Scalisegreen mass · 1982 · cited in 1 Wisconsin opinions naming this issue, 1984–1984 2 sentences 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp	1	1
Cox v. Stategreen gactapp · 1981 · cited in 1 Wisconsin opinions naming this issue, 1984–1984 2 sentences 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp	1	1
State v. Liengreen minn · 1978 · cited in 1 Wisconsin opinions naming this issue, 1984–1984 1 sentence 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

Case	Cited	Years
State v. Troupe green mo · 1995 1 sentence 1998In State v. Troupe, 891 S.W.2d 808 (Mo. 1995), the Missouri Supreme Court listed several justifications for the escape rule.	1	1998–1998
State v. Eminowicz green arizctapp · 1974 2 sentences 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp	1	1984–1984
State v. Spargo green washctapp · 1982 2 sentences 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp	1	1984–1984
Parsley v. Superior Court green cal · 1973 2 sentences 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp 1984Rev. 871 (1971). [8] Sec. 968.12(2), Stats. 1981-82, states that a "search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state." Sec. 968.14, Stats. 1981-82, states that "[a]ll necessary force may be used to execute a search warrant or to effect any entry into any building or property a part thereof to execute a search warrant." [9] See, e.g., State v. Spargo, 30 Wash. App. 949 , 639 P.2d 782 (1982); State v. Eminowicz, 21 Ariz. App. 417 , 520 P.2d 330 (1974); Parsley v. Superior Court, 9 Cal. 3d 934 , 109 Cal. Rp	1	1984–1984
State v. Franklin neutral wis · 1971 2 sentences 1977In State v. Franklin,, 49 Wis.2d 484, 488 , 182 N.W.2d 289 (1971), the court stated the trial 176 judge correctly interpreted sec. 946.42(4) “to require consecutive sentencing for an escape violation.” Therefore, there is no question that a sentence for escape must be consecutive to any sentence previously imposed. 1977In State v. Franklin,, 49 Wis.2d 484, 488 , 182 N.W.2d 289 (1971), the court stated the trial 176 judge correctly interpreted sec. 946.42(4) “to require consecutive sentencing for an escape violation.” Therefore, there is no question that a sentence for escape must be consecutive to any sentence previously imposed.	1	1977–1977

Statutes the citing opinions construe

WI § Wis. Stat. § 628.46 (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

MO 133 (1973–2024) CA 57 (1966–2025) OR 46 (1968–2026) IL 31 (1970–2018) IA 12 (1970–2023) PA 10 (1970–2017) TX 10 (1960–2022) MA 8 (1953–2005) AZ 8 (1971–2014) FL 8 (1963–2010) MD 7 (1935–2025) LA 7 (1986–2018) MI 7 (1970–2000) WI 7 (1977–2025) OH 6 (1957–2022) NJ 6 (1981–2019) KY 6 (1974–2024) IN 5 (1982–2007) CT 5 (1991–2001) MS 5 (1971–2017) WA 4 (1994–2011) CO 4 (1993–2025) NY 4 (1952–2004) ND 3 (2002–2011) TN 3 (1992–2012) OK 2 (1997–1998) VA 2 (1968–1975) MT 2 (2002–2014) NC 2 (1993–2001) KS 2 (1997–2009)

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.

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