judge-made rule (Wisconsin) · Go Syfert
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judge-made rule in Wisconsin

7 Wisconsin opinions name it 2 courts 1984–2008 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.

Followed or applied (5)

CaseFollowedCited
Stone v. Powellgreen
scotus · 1976 · cited in 2 Wisconsin opinions naming this issue, 2001–2008
2 sentences

2008Stone v. Powell, 428 U.S. 465, 482 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976).

2008Stone v. Powell, 428 U.S. 465, 482 (1976).

22
Ernest L. Smith, Trustee of the E. L. Schmidt Trust v. United Statesgreen
ca4 · 1966 · cited in 1 Wisconsin opinions naming this issue, 1999–1999
1 sentence

1999The doctrine of equitable recoupment "is a judge-made exception to the legislative policy of barring claims for and against the Government in tax matters by statutes of limitations." Smith v. United States, 373 F.2d 419, 422 (4th Cir. 1966).

11
Holytz v. City of Milwaukeered
wis · 1962 · cited in 1 Wisconsin opinions naming this issue, 1986–1986
2 sentences

1986Holytz v. City of Milwaukee, 17 Wis. 2d 26, 32-33 , 115 N.W.2d 618, 620 (1962).

1986Holytz v. City of Milwaukee, 17 Wis. 2d 26, 32-33 , 115 N.W.2d 618, 620 (1962).

11
USA F/u/b/o Vulcan Materials, Counter Cross-Appellant v. Volpe Construction, Counter Cross-Appelleesgreen
ca5 · 1980 · cited in 1 Wisconsin opinions naming this issue, 1984–1984
1 sentence

1984United States v. Williams, 622 F.2d 880, 841-42, 847 (5th Cir. 1980).

11
United States v. Jo Ann Williamsgreen
ca5 · 1980 · cited in 1 Wisconsin opinions naming this issue, 1984–1984
1 sentence

1984United States v. Williams, 622 F.2d 830, 841-42, 847 (5th Cir. 1980).

11

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 (3)

CaseCitedYears
State v. Raflik green
wis · 2001
2 sentences

2008In State v. Raflik, 2001 WI 129 , 248 Wis. 2d 593 , 636 N.W.2d 690 , this court stated: The suppression of evidence is not a constitutional right, but rather it is a judge-made rule used to deter misconduct by law enforcement officials.

2008In State v. Raflik, 2001 WI 129 , 248 Wis. 2d 593 , 636 N.W.2d 690 , this court stated: The suppression of evidence is not a constitutional right, but rather it is a judge-made rule used to deter misconduct by law enforcement officials.

22006–2008
State v. Ward green
wis · 2000
2 sentences

2001Ward addressed Eason's first argument, namely, "whether the exclusionary rule adopted in Hoyer is merely a judge-made rule, as the State contends, or whether, as the defendant argues, it is a personal right under the Wisconsin Constitution." Ward, 2000 WI 3, ¶ 57 .

2001Ward addressed Eason's first argument, namely, "whether the exclusionary rule adopted in Hoyer is merely a judge-made rule, as the State contends, or whether, as the defendant argues, it is a personal right under the Wisconsin Constitution." Ward, 2000 WI 3, ¶ 57 .

12001–2001
Bull v. United States green
scotus · 1935
1 sentence

1999The most often-cited and landmark case applying the doctrine is Bull v. United States, 295 U.S. 247 (1935).

11999–1999

Statutes the citing opinions construe

WI § Wis. Stat. § 968.12 (3) WI § Wis. Stat. § 968.22 (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

CA 55 (1936–2026) TN 40 (1977–2025) PA 18 (1930–2024) NC 16 (1932–2022) MA 13 (1955–2025) MI 12 (1962–2021) TX 12 (1982–2025) OH 12 (1985–2022) CO 11 (1975–2026) FL 11 (1971–2022) IL 11 (1970–2021) NJ 10 (1933–2026) NY 9 (1972–2024) OR 8 (1944–2017) UT 8 (1991–2021) WA 8 (1992–2021) DC 7 (1996–2020) WI 7 (1984–2008) DE 6 (1968–2024) MD 5 (1995–2026) IA 5 (1969–2019) HI 4 (1968–2001) VA 4 (1987–2016) GA 3 (1997–2025) AR 3 (1997–1998) KS 3 (1996–2020) AZ 3 (2001–2014) ME 3 (1982–2001) SD 3 (1992–1997) MO 3 (2004–2021) IN 3 (1975–1991) SC 3 (1970–2000) AL 2 (1982–2014) WV 2 (2018–2023) MN 2 (1954–2000) NV 2 (1982–2018)

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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