sentence absent error (Wisconsin) · Go Syfert
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sentence absent error in Wisconsin

8 Wisconsin opinions name it 2 courts 2017–2026 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. Lamont L. Travisgreen
wis · 2013 · cited in 7 Wisconsin opinions naming this issue, 2017–2026
2 sentences

2026The trial court denied Fuller’s motion. 20 and the court “would have imposed the same sentence absent the error.” See State v. Travis, 2013 WI 38, ¶73 , 347 Wis. 2d 142 , 832 N.W.2d 491 .

2026The trial court denied Fuller’s motion. 20 and the court “would have imposed the same sentence absent the error.” See State v. Travis, 2013 WI 38, ¶73 , 347 Wis. 2d 142 , 832 N.W.2d 491 .

27
State v. Smithgreen
wis · 1997 · cited in 2 Wisconsin opinions naming this issue, 2020–2020
2 sentences

2020The most important piece of evidence for a reviewing court is the sentencing transcript itself, not "the [postconviction] court's assertions" or "speculation about what a circuit court would do in the future upon resentencing." Id. (citing State v. Smith, 207 Wis. 2d 258, 262-63, 280 , 558 N.W.2d 379 (1997); Lane, 738 F.2d at 868 ; Tucker, 404 U.S. 443 ).

2020The most important piece of evidence for a reviewing court is the sentencing transcript itself, not "the [postconviction] court's assertions" or "speculation about what a circuit court would do in the future upon resentencing." Id. (citing State v. Smith, 207 Wis. 2d 258, 262-63, 280 , 558 N.W.2d 379 (1997); Lane, 738 F.2d at 868 ; Tucker, 404 U.S. 443 ).

22
State v. Dyessgreen
wis · 1985 · cited in 1 Wisconsin opinions naming this issue, 2022–2022
2 sentences

2022See State v. Dyess, 124 Wis. 2d 525, 544 , 370 N.W.2d 222 , (1985) (harmless error test same as test for lack of prejudice under claim of ineffective assistance of counsel).

2022See State v. Dyess, 124 Wis. 2d 525, 544 , 370 N.W.2d 222 , (1985) (harmless error test same as test for lack of prejudice under claim of ineffective assistance of counsel).

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
United States v. Tucker red
scotus · 1972
2 sentences

2020The most important piece of evidence for a reviewing court is the sentencing transcript itself, not "the [postconviction] court's assertions" or "speculation about what a circuit court would do in the future upon resentencing." Id. (citing State v. Smith, 207 Wis. 2d 258, 262-63, 280 , 558 N.W.2d 379 (1997); Lane, 738 F.2d at 868 ; Tucker, 404 U.S. 443 ).

2020The most important piece of evidence for a reviewing court is the sentencing transcript itself, not "the [postconviction] court's assertions" or "speculation about what a circuit court would do in the future upon resentencing." Id. (citing State v. Smith, 207 Wis. 2d 258, 262-63, 280 , 558 N.W.2d 379 (1997); Lane, 738 F.2d at 868 ; Tucker, 404 U.S. 443 ).

22020–2020
United States ex rel. Welch v. Lane green
ca7 · 1984
2 sentences

2020The most important piece of evidence for a reviewing court is the sentencing transcript itself, not "the [postconviction] court's assertions" or "speculation about what a circuit court would do in the future upon resentencing." Id. (citing State v. Smith, 207 Wis. 2d 258, 262-63, 280 , 558 N.W.2d 379 (1997); Lane, 738 F.2d at 868 ; Tucker, 404 U.S. 443 ).

2020The most important piece of evidence for a reviewing court is the sentencing transcript itself, not "the [postconviction] court's assertions" or "speculation about what a circuit court would do in the future upon resentencing." Id. (citing State v. Smith, 207 Wis. 2d 258, 262-63, 280 , 558 N.W.2d 379 (1997); Lane, 738 F.2d at 868 ; Tucker, 404 U.S. 443 ).

22020–2020
State v. Donavinn D. Coffee green
wis · 2020
2 sentences

2026“The most important piece of evidence for [an] appellate] court is the sentencing transcript itself, not ‘the [postconviction] court’s assertions’ or ‘speculation about what a circuit court would do the in the future upon resentencing.’” Id. (last alteration in original; citation omitted).

2026To show harmless error, the State must “demonstrat[e] that the [circuit] court would have imposed the same sentence absent the error.” Id. (citation omitted).

12026–2026

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

WI 8 (2017–2026) CA 3 (2022–2024) FL 2 (2000–2019)

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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