matter for an evidentiary hearing (Wisconsin) · Go Syfert
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matter for an evidentiary hearing in Wisconsin

7 Wisconsin opinions name it 2 courts 1995–2024 4 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 (3)

CaseFollowedCited
State v. MacHnergreen
wis · 1979 · cited in 2 Wisconsin opinions naming this issue, 1995–2006
2 sentences

2006Roberson asks this court to reverse the court of appeals and remand the matter for an evidentiary hearing, in accordance with State v. Machner, 92 Wis.2d 797 , 285 N.W.2d 905 (Ct.App.1979), to address whether his trial counsel provided ineffective assistance. ¶ 2 The State asserts that Roberson failed to allege sufficient facts that would have satisfied Roberson's burden of making a specific offer of proof that the suppression motion would have succeeded, and therefore failed to establish that his counsel provided ineffective assistance.

2006Roberson asks this court to reverse the court of appeals and remand the matter for an evidentiary hearing, in accordance with State v. Machner, 92 Wis.2d 797 , 285 N.W.2d 905 (Ct.App.1979), to address whether his trial counsel provided ineffective assistance. ¶ 2 The State asserts that Roberson failed to allege sufficient facts that would have satisfied Roberson's burden of making a specific offer of proof that the suppression motion would have succeeded, and therefore failed to establish that his counsel provided ineffective assistance.

12
State v. Browngreen
wis · 2006 · cited in 1 Wisconsin opinions naming this issue, 2022–2022
1 sentence

2022See Brown, 293 Wis. 2d 594, ¶40 . ¶22 Therefore, for the reasons stated above, we reverse the order denying A.G.’s post-disposition motion, and remand this matter for an evidentiary hearing.

11
State v. Javien Cajujuan Pegeesegreen
wis · 2019 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
1 sentence

2021See Cajujuan Pegeese, 387 Wis. 2d 119, ¶27 . ¶23 Accordingly, we reverse the order of the postconviction court denying Carter’s postconviction motion, and remand this matter for an evidentiary hearing.

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 (6)

CaseCitedYears
State v. Bangert green
wis · 1986
2 sentences

2024Accordingly, the circuit court erred in denying her postconviction motion without holding an evidentiary hearing, and this court reverses the circuit court’s order and 2 remands the matter for an evidentiary hearing as required by State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986).2 I.

2024Accordingly, the circuit court erred in denying her postconviction motion without holding an evidentiary hearing, and this court reverses the circuit court’s order and 2 remands the matter for an evidentiary hearing as required by State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986).2 I.

12024–2024
State v. Teresa L. Clark green
wis · 2022
2 sentences

2023Our conclusion that Lantz failed to make a prima facie showing also obviates the need to remand this matter for an evidentiary hearing in light of the supreme court’s decision in State v. Clark, 2022 WI 21 , 401 Wis. 2d 344 , 972 N.W.2d 533 . 11

2023Our conclusion that Lantz failed to make a prima facie showing also obviates the need to remand this matter for an evidentiary hearing in light of the supreme court’s decision in State v. Clark, 2022 WI 21 , 401 Wis. 2d 344 , 972 N.W.2d 533 . 11

12023–2023
State v. McCallum green
wis · 1997
1 sentence

2019Finally, if the newly discovered evidence is a witness’s recantation, that recantation “must be corroborated by other newly discovered evidence.” McCallum, 208 Wis. 2d at 473-74 . ¶33 The trial court denied Bell’s supplemental postconviction motion regarding this claim on the ground that “the asserted ‘new evidence’ in C[.]B[.]’s second recantation is not new.” C.B. had already recanted prior to Bell entering his pleas, stating that her prior statement that Bell had sexually assaulted her was a lie.

12019–2019
State v. Kivioja green
wis · 1999
2 sentences

2019However, in remanding this matter for an evidentiary hearing, we note that this issue may eventually need to be addressed. 12 Nos. 2018AP1593-CR 2018AP1594-CR the accusation and the recantation, would have a reasonable doubt as to the defendant’s guilt.” State v. Kivioja, 225 Wis. 2d 271, 285 , 592 N.W.2d 220 (1999).

2019However, in remanding this matter for an evidentiary hearing, we note that this issue may eventually need to be addressed. 12 Nos. 2018AP1593-CR 2018AP1594-CR the accusation and the recantation, would have a reasonable doubt as to the defendant’s guilt.” State v. Kivioja, 225 Wis. 2d 271, 285 , 592 N.W.2d 220 (1999).

12019–2019
Strickland v. Washington green
scotus · 1984
1 sentence

1995But in State v. Washington, 176 Wis. 2d 205 , 216, 500 N.W.2d 331 , 336 (Ct. App. 1993), we held that unless a petitioner sets forth sufficient facts to require a Machner hearing, the trial court need not hold it. [3] The dissenting opinion ignores these cases, relying solely on Strickland v. Washington, 466 U.S. 668 (1984).

11995–1995
State v. Washington green
wisctapp · 1993
2 sentences

1995But in State v. Washington, 176 Wis. 2d 205 , 216, 500 N.W.2d 331 , 336 (Ct. App. 1993), we held that unless a petitioner sets forth sufficient facts to require a Machner hearing, the trial court need not hold it. [3] The dissenting opinion ignores these cases, relying solely on Strickland v. Washington, 466 U.S. 668 (1984).

1995But in State v. Washington, 176 Wis. 2d 205 , 216, 500 N.W.2d 331 , 336 (Ct. App. 1993), we held that unless a petitioner sets forth sufficient facts to require a Machner hearing, the trial court need not hold it. [3] The dissenting opinion ignores these cases, relying solely on Strickland v. Washington, 466 U.S. 668 (1984).

11995–1995

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (5)

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 48 (2004–2026) PA 36 (1984–2026) LA 25 (1990–2022) IL 24 (1997–2024) MI 19 (1981–2026) NY 15 (1982–2023) NJ 12 (1990–2026) FL 7 (1985–2025) WI 7 (1995–2024) OH 7 (1999–2025) OK 7 (1979–2006) AZ 6 (1975–2007) GA 4 (1992–2023) MA 4 (1988–2024) AL 3 (1988–2024) NV 3 (1997–2016) KS 2 (1977–2015) MO 2 (1992–2016) MS 2 (2021–2023)

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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