7 Wisconsin opinions name it 2 courts 1929–1996 0 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 |
|---|---|---|
Berg v. Stategreen2 sentences1996As the State points out, quoting Berg v. State, 63 Wis. 2d 228, 238 , 216 N.W.2d 521, 526 (1974): "It is a common error in analyzing opinions to assume that the converse of a statement is necessarily true or intended or because X is included in Z that Y is necessarily excluded." We do not read either Adams or Poole as laying down a hard-and-fast rule that in no case may a nonsupport prosecution be commenced in Wisconsin if the child was not residing in the state during the charged period. 1996As the State points out, quoting Berg v. State, 63 Wis. 2d 228, 238 , 216 N.W.2d 521, 526 (1974): "It is a common error in analyzing opinions to assume that the converse of a statement is necessarily true or intended or because X is included in Z that Y is necessarily excluded." We do not read either Adams or Poole as laying down a hard-and-fast rule that in no case may a nonsupport prosecution be commenced in Wisconsin if the child was not residing in the state during the charged period. | 1 | 1 |
Dunaway v. New Yorkgreen1 sentence1981Ed. 2d 340 (1981). “. . . the exception for limited intrusions that may be justified by special law enforcement interests is not confined to the momentary, on-the-street detention accompanied by a frisk for weapons involved in Terry and Adams . 12 “Justice White, concurring in Dunaway, noted that Terry is not ‘an almost unique exception to a hard-and-fast standard of probable cause.’ Rather, ‘the key principle of the Fourth Amendment is reasonableness — the balancing of competing interests.’ 442 U.S. at 219 (White, J., concurring). | 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. Dorcey
green
1 sentence1992Id. | 1 | 1992–1992 |
United States v. Oscar Clemons
green
1 sentence1990A hard and fast rule that no prima facie case could be established when a prosecutor uses peremptory challenges to strike only one or two black venirepersons would be highly inappropriate in Wisconsin where many jurisdictions have a low black population: "Black defendants would more often than not be forced to forfeit their rights under Batson merely because of the statistical likelihood that their jury venires will be overwhelmingly non-black." United States v. Clemons, 843 F.2d 741 , 748 n. 6 (3d Cir.), cert. denied, 109 S. Ct. 97 (1988). | 1 | 1990–1990 |
Gamble v. Oklahoma
green
1 sentence1990A hard and fast rule that no prima facie case could be established when a prosecutor uses peremptory challenges to strike only one or two black venirepersons would be highly inappropriate in Wisconsin where many jurisdictions have a low black population: "Black defendants would more often than not be forced to forfeit their rights under Batson merely because of the statistical likelihood that their jury venires will be overwhelmingly non-black." United States v. Clemons, 843 F.2d 741 , 748 n. 6 (3d Cir.), cert. denied, 109 S. Ct. 97 (1988). | 1 | 1990–1990 |
Ausman v. Ausman
green
2 sentences1971Ausman v. Ausman (1966), 31 Wis. 2d 79 , 141 N. W. 2d 869 . 1971Ausman v. Ausman (1966), 31 Wis. 2d 79 , 141 N. W. 2d 869 . | 1 | 1971–1971 |
McGovern v. Eckhart
green
2 sentences1956Then, in McGovern v. Eckhart (1929), 200 Wis. 64 , 227 N. W. 300 , the court, through Mr. Justice Eschweiler, exhaustively reviewed the earlier decisions bearing upon “the law of the case” and announced a departure from the former hard and fast rule, to wit: “The rule of the ‘law of the case,’ as heretofore established and strictly followed in this jurisdiction, is now and for the future modified so as to permit the correction of error made by the supreme court on a former appeal in the same case whenever for cogent, substantial, and proper reasons the court is convinced that the prior ruling 1956Then, in McGovern v. Eckhart (1929), 200 Wis. 64 , 227 N. W. 300 , the court, through Mr. Justice Eschweiler, exhaustively reviewed the earlier decisions bearing upon “the law of the case” and announced a departure from the former hard and fast rule, to wit: “The rule of the ‘law of the case,’ as heretofore established and strictly followed in this jurisdiction, is now and for the future modified so as to permit the correction of error made by the supreme court on a former appeal in the same case whenever for cogent, substantial, and proper reasons the court is convinced that the prior ruling | 1 | 1956–1956 |
Prahl v. Hogensen
neutral
2 sentences1929The only case we find which seems to have varied in the slightest degree from this hard-and-fast rule may perhaps be Prahl v. Hogensen, 190 Wis. 419, 420 , 209 N. W. 669 , involving one of several cases growing out of the same auto mobile accident, where, on the first appeal, the verdict as to damages was deemed perverse and inadequate and the case sent back for a new trial, and on the subsequent appeal it was said that the court below was correct in interpreting the former decision as sub silentio determining that the question of negligence of both parties was one for the jury (p. 420), and i 1929The only case we find which seems to have varied in the slightest degree from this hard-and-fast rule may perhaps be Prahl v. Hogensen, 190 Wis. 419, 420 , 209 N. W. 669 , involving one of several cases growing out of the same auto mobile accident, where, on the first appeal, the verdict as to damages was deemed perverse and inadequate and the case sent back for a new trial, and on the subsequent appeal it was said that the court below was correct in interpreting the former decision as sub silentio determining that the question of negligence of both parties was one for the jury (p. 420), and i | 1 | 1929–1929 |
Rubach v. Prahl
neutral
2 sentences1929The only case we find which seems to have varied in the slightest degree from this hard-and-fast rule may perhaps be Prahl v. Hogensen, 190 Wis. 419, 420 , 209 N. W. 669 , involving one of several cases growing out of the same auto mobile accident, where, on the first appeal, the verdict as to damages was deemed perverse and inadequate and the case sent back for a new trial, and on the subsequent appeal it was said that the court below was correct in interpreting the former decision as sub silentio determining that the question of negligence of both parties was one for the jury (p. 420), and i 1929The only case we find which seems to have varied in the slightest degree from this hard-and-fast rule may perhaps be Prahl v. Hogensen, 190 Wis. 419, 420 , 209 N. W. 669 , involving one of several cases growing out of the same auto mobile accident, where, on the first appeal, the verdict as to damages was deemed perverse and inadequate and the case sent back for a new trial, and on the subsequent appeal it was said that the court below was correct in interpreting the former decision as sub silentio determining that the question of negligence of both parties was one for the jury (p. 420), and i | 1 | 1929–1929 |
McGovern v. Kraus
neutral
2 sentences1929How like adamant the rule has been in this state is well illustrated in the prior decisions in this very case, 192 Wis. 558 , 213 N. W. 332 , and 196 Wis. 178 , 218 N. W. 830 , discussed later. 1929How like adamant the rule has been in this state is well illustrated in the prior decisions in this very case, 192 Wis. 558 , 213 N. W. 332 , and 196 Wis. 178 , 218 N. W. 830 , discussed later. | 1 | 1929–1929 |
State v. Saccari
neutral
1 sentence1929How like adamant the rule has been in this state is well illustrated in the prior decisions in this very case, 192 Wis. 558 , 213 N. W. 332 , and 196 Wis. 178 , 218 N. W. 830 , discussed later. | 1 | 1929–1929 |
McGovern v. Eckhart
neutral
1 sentence1929How like adamant the rule has been in this state is well illustrated in the prior decisions in this very case, 192 Wis. 558 , 213 N. W. 332 , and 196 Wis. 178 , 218 N. W. 830 , discussed later. | 1 | 1929–1929 |
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.