Bauer test (Wisconsin) · Go Syfert
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Bauer test in Wisconsin

6 Wisconsin opinions name it 2 courts 1994–2019 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 (4)

CaseFollowedCited
State v. Stuartgreen
wis · 2003 · cited in 2 Wisconsin opinions naming this issue, 2003–2005
2 sentences

2003For another application of the Bauer test, see State v. Stuart, 2003 WI 73 , 262 Wis. 2d 620 , 664 N.W.2d 82 . 14 Tomlinson, 254 Wis. 2d 502 , ¶ 46 n.7; Bauer, 109 Wis. 2d at 210-13 .

2003For another application of the Bauer test, see State v. Stuart, 2003 WI 73 , 262 Wis. 2d 620 , 664 N.W.2d 82 . 14 Tomlinson, 254 Wis. 2d 502 , ¶ 46 n.7; Bauer, 109 Wis. 2d at 210-13 .

12
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
1 sentence

2019See Strickland v. Washington , 466 U.S. 668 , 687 (1984).

11
Thornton v. United Statesgreen
scotus · 2004 · cited in 1 Wisconsin opinions naming this issue, 2010–2010
1 sentence

2010By the Court. — Judgment reversed and cause remanded with directions. 1 See Miranda v. Arizona, 384 U.S. 436 (1966). 2 The Supreme Court further recognized, without discussion, that "[a]lthough it does not follow from Chimel [v. California, 395 U.S. 752 (1969)], we also conclude that circumstances unique to the vehicle context justify a search incident to a lawful arrest when it is 'reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.'" Arizona v. Gant, 129 S. Ct. 1710, 1719 (2009) (quoting Thornton v. United States, 541 U.S. 615, 632 (2004) (Scalia, J.

11
Arizona v. Gantgreen
scotus · 2009 · cited in 1 Wisconsin opinions naming this issue, 2010–2010
1 sentence

2010By the Court. — Judgment reversed and cause remanded with directions. 1 See Miranda v. Arizona, 384 U.S. 436 (1966). 2 The Supreme Court further recognized, without discussion, that "[a]lthough it does not follow from Chimel [v. California, 395 U.S. 752 (1969)], we also conclude that circumstances unique to the vehicle context justify a search incident to a lawful arrest when it is 'reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.'" Arizona v. Gant, 129 S. Ct. 1710, 1719 (2009) (quoting Thornton v. United States, 541 U.S. 615, 632 (2004) (Scalia, J.

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 (5)

CaseCitedYears
State v. Bauer green
wis · 1982
2 sentences

2003For another application of the Bauer test, see State v. Stuart, 2003 WI 73 , 262 Wis. 2d 620 , 664 N.W.2d 82 . 14 Tomlinson, 254 Wis. 2d 502 , ¶ 46 n.7; Bauer, 109 Wis. 2d at 210-13 .

2003For another application of the Bauer test, see State v. Stuart, 2003 WI 73 , 262 Wis. 2d 620 , 664 N.W.2d 82 . 14 Tomlinson, 254 Wis. 2d 502 , ¶ 46 n.7; Bauer, 109 Wis. 2d at 210-13 .

31994–2003
State v. Avery green
wis · 2013
1 sentence

2019"If the defendant is able to make this showing, then the circuit court must determine whether a reasonable probability exists that a different result would be reached in a trial." Id. (quoted source omitted). ¶26 Assuming without deciding that Dr. Thompson's report constitutes newly discovered evidence, we dispose of this claim for relief because it suffers from the same infirmity as Bauer's claim of ineffective assistance of counsel.

12019–2019
Chimel v. California red
scotus · 1969
1 sentence

2010By the Court. — Judgment reversed and cause remanded with directions. 1 See Miranda v. Arizona, 384 U.S. 436 (1966). 2 The Supreme Court further recognized, without discussion, that "[a]lthough it does not follow from Chimel [v. California, 395 U.S. 752 (1969)], we also conclude that circumstances unique to the vehicle context justify a search incident to a lawful arrest when it is 'reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.'" Arizona v. Gant, 129 S. Ct. 1710, 1719 (2009) (quoting Thornton v. United States, 541 U.S. 615, 632 (2004) (Scalia, J.

12010–2010
Miranda v. Arizona green
scotus · 1966
1 sentence

2010By the Court. — Judgment reversed and cause remanded with directions. 1 See Miranda v. Arizona, 384 U.S. 436 (1966). 2 The Supreme Court further recognized, without discussion, that "[a]lthough it does not follow from Chimel [v. California, 395 U.S. 752 (1969)], we also conclude that circumstances unique to the vehicle context justify a search incident to a lawful arrest when it is 'reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.'" Arizona v. Gant, 129 S. Ct. 1710, 1719 (2009) (quoting Thornton v. United States, 541 U.S. 615, 632 (2004) (Scalia, J.

12010–2010
State v. Tomlinson green
wis · 2002
2 sentences

2003For another application of the Bauer test, see State v. Stuart, 2003 WI 73 , 262 Wis. 2d 620 , 664 N.W.2d 82 . 14 Tomlinson, 254 Wis. 2d 502 , ¶ 46 n.7; Bauer, 109 Wis. 2d at 210-13 .

2003For another application of the Bauer test, see State v. Stuart, 2003 WI 73 , 262 Wis. 2d 620 , 664 N.W.2d 82 . 14 Tomlinson, 254 Wis. 2d 502 , ¶ 46 n.7; Bauer, 109 Wis. 2d at 210-13 .

12003–2003

Statutes the citing opinions construe

WI § Wis. Stat. § 908.045 (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 6 (1977–1999) WI 6 (1994–2019) MN 4 (1991–2019) NY 3 (1921–2022) NJ 2 (2002–2019) OH 2 (2000–2023) MT 2 (2001–2002) ND 2 (1987–2026)

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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