Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Wisconsin opinions name it 2 courts 1998–2026 2 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. DeSantisgreen2 sentences2026See DeSantis, 155 Wis. 2d at 784-85 . ¶11 Eaton’s arguments regarding the circuit court’s decision to exclude the rape shield evidence relate to both the second and third DeSantis factors. 2010As a preliminary matter, we will clarify the defendant's burden of production under the first part of the DeSantis test. ¶ 30 In DeSantis , this court concluded that "the defendant should produce evidence at the pre-trial hearing sufficient to support a reasonable person's finding that the complainant made prior untruthful allegations." Id. at 787-88 , 456 N.W.2d 600 (emphasis added). | 2 | 3 |
State v. Raymond L. Nievesgreen2 sentences2026See State v. Nieves, 2017 WI 69, ¶16 , 376 Wis. 2d 300 , 897 N.W.2d 363 (“We review a circuit court’s decision to admit or exclude evidence under an erroneous exercise of discretion standard.” (citation omitted)). ¶12 In reaching an application of the three-part DeSantis test, we recognize that the State argues the threshold matter that Bell forfeited any argument about the trial court’s decision to exclude the photograph by failing to cite the three-part DeSantis test and develop any argument that the photograph met this test. 2026See State v. Nieves, 2017 WI 69, ¶16 , 376 Wis. 2d 300 , 897 N.W.2d 363 (“We review a circuit court’s decision to admit or exclude evidence under an erroneous exercise of discretion standard.” (citation omitted)). ¶12 In reaching an application of the three-part DeSantis test, we recognize that the State argues the threshold matter that Bell forfeited any argument about the trial court’s decision to exclude the photograph by failing to cite the three-part DeSantis test and develop any argument that the photograph met this test. | 1 | 1 |
State v. Muhammad Sarfrazgreen2 sentences2026Assuming that the partially nude photograph relates to sexual activity between Bell and Mary, it is neither material to a fact at issue nor sufficient in probative value to outweigh its inflammatory and prejudicial nature. ¶14 “The proper inquiry under the second prong of the DeSantis test is to consider whether the proffered evidence ‘relates to a fact or proposition that is of consequence to the determination of the action.’” Sarfraz, 356 Wis. 2d 460, ¶48 (citation omitted). 2026Assuming that the partially nude photograph relates to sexual activity between Bell and Mary, it is neither material to a fact at issue nor sufficient in probative value to outweigh its inflammatory and prejudicial nature. ¶14 “The proper inquiry under the second prong of the DeSantis test is to consider whether the proffered evidence ‘relates to a fact or proposition that is of consequence to the determination of the action.’” Sarfraz, 356 Wis. 2d 460, ¶48 (citation omitted). | 1 | 1 |
State v. Jacksongreen2 sentences2013The final prong of the DeSantis test requires the defendant to demonstrate "that the probative nature of the evidence outweighs any prejudice to the defendant." Jackson, 216 Wis. 2d at 663 . 2013The final prong of the DeSantis test requires the defendant to demonstrate "that the probative nature of the evidence outweighs any prejudice to the defendant." Jackson, 216 Wis. 2d at 663 . | 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. Sullivan
green
2 sentences2014The most common scenario involves the defense's proffer of prior consensual sexual contact in order to prove that the victim also consented to the charged conduct."). ¶48 The proper inquiry under the second prong of the DeSantis test is to consider whether the proffered evidence "relates to a fact or proposition that is of consequence to the determination of the action." Sullivan, 216 Wis. 2d at 772 . 2014The most common scenario involves the defense's proffer of prior consensual sexual contact in order to prove that the victim also consented to the charged conduct."). ¶48 The proper inquiry under the second prong of the DeSantis test is to consider whether the proffered evidence "relates to a fact or proposition that is of consequence to the determination of the action." Sullivan, 216 Wis. 2d at 772 . | 1 | 2014–2014 |
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.