7 Wisconsin opinions name it 2 courts 1976–2023 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.
| Case | Followed | Cited |
|---|---|---|
State v. Freygreen2 sentences2023When imposing a sentence, the “sentencing court may consider uncharged and unproven offenses” as well as the “‘facts related to offenses for which the defendant has been acquitted’” but “the maximum penalty of the charged offense will not be increased.” State v. Frey, 2012 WI 99, ¶47 , 343 Wis. 2d 358 , 817 N.W.2d 436 (quoting State v. Leitner, 2002 WI 77, ¶45 , 253 Wis. 2d 449 , 646 N.W.2d 341 ); Straszkowski, 310 Wis. 2d 259, ¶93 . 1. 2016The scope of the information that a court may consider includes "not only 'uncharged and unproven offenses' but also facts related to offenses for which the defendant has been acquitted.'" Frey, 343 Wis. 2d 358, ¶47 (quoting State v. Leitner, 2002 WI 77, ¶45 , 253 Wis. 2d 449 , 646 N.W.2d 341 ). ¶24 Despite the broad range of factors that a sentencing court may consider, its discretion is not unlimited. | 1 | 2 |
Braylon Seifert v. Kay M. Balink, M.D.green1 sentence2018See Seifert , 372 Wis. 2d 525 , ¶¶63-64, 236. | 1 | 1 |
Zinda v. Louisiana Pacific Corp.green2 sentences1993See Zinda, 149 Wis. 2d at 924-925 , 440 N.W.2d at 553 ; Wildes, 160 Wis. 2d at 451-452 , 465 N.W.2d at 839 . 5 School Sisters and Villa Clement argue that Posyniak waived the breach of contract claim "by continuing to accept the benefits of that contract without objecting" and by receiving all the benefits due him under the contract before making any *635 complaint. 1993See Zinda, 149 Wis. 2d at 924-925 , 440 N.W.2d at 553 ; Wildes, 160 Wis. 2d at 451-452 , 465 N.W.2d at 839 . 5 School Sisters and Villa Clement argue that Posyniak waived the breach of contract claim "by continuing to accept the benefits of that contract without objecting" and by receiving all the benefits due him under the contract before making any *635 complaint. | 1 | 1 |
Ginsu Products, Inc., Cross-Plaintiff, and v. Dart Industries, Inc., Cross-Defendant, Andgreen1 sentence1988They cannot cause a contract to be formed where there has in fact been no [agreement] between the parties." Id. sec. 2-204:21, *617 at 207-08 [footnotes omitted, ellipses and bracketing in original]. [1] While the code empowers courts to declare that a contract has been formed even if certain material terms are left open, we "must still make the threshold factual finding that an intent to contract existed." Ginsu Products, Inc. v. Dart Industries, Inc., 786 F.2d 260, 265 (7th Cir. 1986) (applying Wisconsin law). | 1 | 1 |
Morrison v. Californiagreen1 sentence1976McCormick states: “Perhaps the controlling considerations in determining the constitutional validity of an affirmative defense . . . are still those stated by Mr. Justice Cardozo in Morrison v. California, 291 U. S. 82, 91 (1934) : “ ‘For a transfer of the burden, experience must teach that the evidence held to be inculpatory has at least a sinister significance ... , or if this at times be lacking, *699 there must be in any event a manifest disparity in convenience of proof and opportunity for knowledge, as, for instance, where a general prohibition is applicable to everyone who is unable to | 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. Leitner
green
2 sentences2016The scope of the information that a court may consider includes "not only 'uncharged and unproven offenses' but also facts related to offenses for which the defendant has been acquitted.'" Frey, 343 Wis. 2d 358, ¶47 (quoting State v. Leitner, 2002 WI 77, ¶45 , 253 Wis. 2d 449 , 646 N.W.2d 341 ). ¶24 Despite the broad range of factors that a sentencing court may consider, its discretion is not unlimited. 2016The scope of the information that a court may consider includes "not only 'uncharged and unproven offenses' but also facts related to offenses for which the defendant has been acquitted.'" Frey, 343 Wis. 2d 358, ¶47 (quoting State v. Leitner, 2002 WI 77, ¶45 , 253 Wis. 2d 449 , 646 N.W.2d 341 ). ¶24 Despite the broad range of factors that a sentencing court may consider, its discretion is not unlimited. | 2 | 2016–2023 |
State v. Guzman
green
2 sentences2023With regard to the effect of dismissed and read-in charges at sentencing, “Wisconsin has a strong public policy that the sentencing court be provided with all relevant information” which “allows the sentencing court to consider a broad range of factors when determining a sentence.” State v. Guzman, 166 Wis. 2d 577, 592 , 480 N.W.2d 446 (1992). 2023With regard to the effect of dismissed and read-in charges at sentencing, “Wisconsin has a strong public policy that the sentencing court be provided with all relevant information” which “allows the sentencing court to consider a broad range of factors when determining a sentence.” State v. Guzman, 166 Wis. 2d 577, 592 , 480 N.W.2d 446 (1992). | 1 | 2023–2023 |
State v. Straszkowski
green
1 sentence2023When imposing a sentence, the “sentencing court may consider uncharged and unproven offenses” as well as the “‘facts related to offenses for which the defendant has been acquitted’” but “the maximum penalty of the charged offense will not be increased.” State v. Frey, 2012 WI 99, ¶47 , 343 Wis. 2d 358 , 817 N.W.2d 436 (quoting State v. Leitner, 2002 WI 77, ¶45 , 253 Wis. 2d 449 , 646 N.W.2d 341 ); Straszkowski, 310 Wis. 2d 259, ¶93 . 1. | 1 | 2023–2023 |
State v. Giese
green
1 sentence2018The goal is to prevent the jury from hearing conjecture dressed up in the guise of expert opinion." Id. , ¶19. ¶20 The circuit court may consider a broad range of factors when determining reliability. | 1 | 2018–2018 |
Wildes v. Prime Manufacturing Corp.
green
2 sentences1993See Zinda, 149 Wis. 2d at 924-925 , 440 N.W.2d at 553 ; Wildes, 160 Wis. 2d at 451-452 , 465 N.W.2d at 839 . 5 School Sisters and Villa Clement argue that Posyniak waived the breach of contract claim "by continuing to accept the benefits of that contract without objecting" and by receiving all the benefits due him under the contract before making any *635 complaint. 1993See Zinda, 149 Wis. 2d at 924-925 , 440 N.W.2d at 553 ; Wildes, 160 Wis. 2d at 451-452 , 465 N.W.2d at 839 . 5 School Sisters and Villa Clement argue that Posyniak waived the breach of contract claim "by continuing to accept the benefits of that contract without objecting" and by receiving all the benefits due him under the contract before making any *635 complaint. | 1 | 1993–1993 |
Elias v. State
green
2 sentences1992As stated in Elias v. State, 93 Wis. 2d 278, 285 , 286 N.W.2d 559 (1980): "The responsibility of the sentencing court is to acquire full knowledge of the character and behavior pattern of the convicted defendant before imposing sentence" (emphasis added). [10] To this end, Wisconsin allows the sentencing court to consider a broad range of factors when determining a sentence. 1992As stated in Elias v. State, 93 Wis. 2d 278, 285 , 286 N.W.2d 559 (1980): "The responsibility of the sentencing court is to acquire full knowledge of the character and behavior pattern of the convicted defendant before imposing sentence" (emphasis added). [10] To this end, Wisconsin allows the sentencing court to consider a broad range of factors when determining a sentence. | 1 | 1992–1992 |
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.