expression test (Wisconsin) · Go Syfert
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expression test in Wisconsin

7 Wisconsin opinions name it 3 courts 1900–2022 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 (1)

CaseFollowedCited
Stanhope v. Brown Countygreen
wis · 1979 · cited in 2 Wisconsin opinions naming this issue, 1986–1987
2 sentences

1987Stanhope, 90 Wis.2d at 852 ; Marshall v. Green Bay , 18 Wis.2d 496 , 501-02 , 118 N.W.2d 715 (1963).

1986In Stanhope v. Brown County, 90 Wis. 2d 823, 847 , 280 N.W.2d 711, 721 (1979), the pertinent language read: "It is agreed that to the extent legally possible, the Company will not avail itself of the defense that the Insured is not liable because of the performance of Governmental Functions." Our supreme court held that this waived the statutory defense of limitation of recovery under secs. 81.15 and 895.43, Stats. (1971).

12

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 (7)

CaseCitedYears
Friends of the Black River Forest v. DNR green
wis · 2022
2 sentences

2022McConkey, 7 Although Justice Brian Hagedorn now criticizes this court's well-established consideration of judicial policy in determining standing, Justice Hagedorn's Concurrence, ¶160, he just joined the majority's expression of the test in Friends of the Black River Forest v. DNR, 2022 WI 52, ¶17 , __ Wis. 2d __, __ N.W.2d __ (quoting McConkey v. Van Hollen, 2010 WI 57, ¶15 , 326 Wis. 2d 1 , 783 N.W.2d 855 ).

2022McConkey, 7 Although Justice Brian Hagedorn now criticizes this court's well-established consideration of judicial policy in determining standing, Justice Hagedorn's Concurrence, ¶160, he just joined the majority's expression of the test in Friends of the Black River Forest v. DNR, 2022 WI 52, ¶17 , __ Wis. 2d __, __ N.W.2d __ (quoting McConkey v. Van Hollen, 2010 WI 57, ¶15 , 326 Wis. 2d 1 , 783 N.W.2d 855 ).

22022–2022
McConkey v. Van Hollen green
wis · 2010
2 sentences

2022McConkey, 7 Although Justice Brian Hagedorn now criticizes this court's well-established consideration of judicial policy in determining standing, Justice Hagedorn's Concurrence, ¶160, he just joined the majority's expression of the test in Friends of the Black River Forest v. DNR, 2022 WI 52, ¶17 , __ Wis. 2d __, __ N.W.2d __ (quoting McConkey v. Van Hollen, 2010 WI 57, ¶15 , 326 Wis. 2d 1 , 783 N.W.2d 855 ).

2022McConkey, 7 Although Justice Brian Hagedorn now criticizes this court's well-established consideration of judicial policy in determining standing, Justice Hagedorn's Concurrence, ¶160, he just joined the majority's expression of the test in Friends of the Black River Forest v. DNR, 2022 WI 52, ¶17 , __ Wis. 2d __, __ N.W.2d __ (quoting McConkey v. Van Hollen, 2010 WI 57, ¶15 , 326 Wis. 2d 1 , 783 N.W.2d 855 ).

22022–2022
State v. Grande green
wisctapp · 1992
2 sentences

1993He notes that this expression of a presumption is at odds with the court of appeals' decisions in Lievrouw v. Roth, 157 Wis. 2d 332, 350 , 459 N.W.2d 850 (Ct. App. 1990); and State v. Grande, 169 Wis. 2d 422, 434 , 485 N.W.2d 282 (Ct. App. 1992), wherein the court stated that the "rules ... favor admissibility." [4, 5] The admission of other crimes evidence is not controlled by presumptions or predispositions, but rather it is controlled by the Wisconsin Rules of Evidence.

1993He notes that this expression of a presumption is at odds with the court of appeals' decisions in Lievrouw v. Roth, 157 Wis. 2d 332, 350 , 459 N.W.2d 850 (Ct. App. 1990); and State v. Grande, 169 Wis. 2d 422, 434 , 485 N.W.2d 282 (Ct. App. 1992), wherein the court stated that the "rules ... favor admissibility." [4, 5] The admission of other crimes evidence is not controlled by presumptions or predispositions, but rather it is controlled by the Wisconsin Rules of Evidence.

11993–1993
Lievrouw v. Roth green
wisctapp · 1990
2 sentences

1993He notes that this expression of a presumption is at odds with the court of appeals' decisions in Lievrouw v. Roth, 157 Wis. 2d 332, 350 , 459 N.W.2d 850 (Ct. App. 1990); and State v. Grande, 169 Wis. 2d 422, 434 , 485 N.W.2d 282 (Ct. App. 1992), wherein the court stated that the "rules ... favor admissibility." [4, 5] The admission of other crimes evidence is not controlled by presumptions or predispositions, but rather it is controlled by the Wisconsin Rules of Evidence.

1993He notes that this expression of a presumption is at odds with the court of appeals' decisions in Lievrouw v. Roth, 157 Wis. 2d 332, 350 , 459 N.W.2d 850 (Ct. App. 1990); and State v. Grande, 169 Wis. 2d 422, 434 , 485 N.W.2d 282 (Ct. App. 1992), wherein the court stated that the "rules ... favor admissibility." [4, 5] The admission of other crimes evidence is not controlled by presumptions or predispositions, but rather it is controlled by the Wisconsin Rules of Evidence.

11993–1993
Marshall v. City of Green Bay green
wis · 1963
2 sentences

1987Stanhope, 90 Wis.2d at 852 ; Marshall v. Green Bay , 18 Wis.2d 496 , 501-02 , 118 N.W.2d 715 (1963).

1987Stanhope, 90 Wis.2d at 852 ; Marshall v. Green Bay , 18 Wis.2d 496 , 501-02 , 118 N.W.2d 715 (1963).

11987–1987
Aukland v. Arnold neutral
wis · 1907
2 sentences

1913Aukland v. Arnold, 131 Wis. 64 , and cases cited on page 67 ( 111 N. W. 212 ).

1913Aukland v. Arnold, 131 Wis. 64 , and cases cited on page 67 ( 111 N. W. 212 ).

11913–1913
Bleiler v. Moore green
wis · 1894
1 sentence

1900They are sub stantially an expression of the rule of law laid clown by this court in Bleiler v. Moore, 88 Wis. 438 , and that rule was a proper one to be given to the jury.

11900–1900

Where else courts name it

CA 28 (1919–2010) IN 27 (1868–2020) PA 16 (1855–2019) TX 12 (1877–2019) WA 11 (1954–2005) MO 11 (1880–1979) NJ 10 (1950–2017) IL 8 (1905–2007) TN 7 (1943–2018) AL 7 (1889–2012) OR 7 (1888–1986) WI 7 (1900–2022) NY 7 (1896–2019) KY 6 (1913–1980) OK 6 (1908–2003) LA 6 (1933–2002) FL 6 (1934–2021) WV 6 (1926–2022) MS 5 (1902–2008) KS 4 (1935–1983) VA 4 (1928–1986) MN 4 (1944–2014) NM 4 (1980–2021) NC 3 (1942–1953) ID 3 (1956–2006) MT 3 (1998–2005) AZ 3 (1963–2007) MI 3 (1897–1990) OH 2 (2022–2023) HI 2 (1923–1950) ME 2 (1920–1931) RI 2 (1978–2000) IA 2 (1935–1976) CO 2 (1985–1996)

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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