impermissible standard (Wisconsin) · Go Syfert
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impermissible standard in Wisconsin

6 Wisconsin opinions name it 2 courts 1987–2017 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 (3)

CaseFollowedCited
Pollard v. Robertsgreen
ared · 1968 · cited in 1 Wisconsin opinions naming this issue, 2006–2006
1 sentence

2006But cf. Britt v. Superior Court, 574 F.2d 766, 782 (Cal. 1978) (in which the majority of the court in a four-to-three decision seemingly ignored the need for a preliminary factual showing and the dissent stated that the majority had, without precedent, "expanded NAACP to a general abstract principle that the disclosure of any information about associational activities constitutes an impermissible violation of the right to associate" (Richardson, J., dissenting)); see also Pollard v. Roberts, 283 F. Supp. 248, 258 (E.D.

11
Payne v. Arkansasgreen
scotus · 1958 · cited in 1 Wisconsin opinions naming this issue, 1987–1987
2 sentences

1987The state further argues that because there is a "strong evidentiary basis” for the jury’s verdict, if there was error, it was harmless. 9 In Lynumn v. Illinois, 372 U.S. 528, 537 (1963), the Court described a similar argument as "an impermissible doctrine.” The Court said: As was said in Payne v. Arkansas, [ 356 U.S. 560, 568 (1958),] "this Court has uniformly held that even though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence, over objection, of the coerced confession vitiates the judgment because it

1987The state further argues that because there is a "strong evidentiary basis” for the jury’s verdict, if there was error, it was harmless. 9 In Lynumn v. Illinois, 372 U.S. 528, 537 (1963), the Court described a similar argument as "an impermissible doctrine.” The Court said: As was said in Payne v. Arkansas, [ 356 U.S. 560, 568 (1958),] "this Court has uniformly held that even though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence, over objection, of the coerced confession vitiates the judgment because it

11
Lynumn v. Illinoisgreen
scotus · 1963 · cited in 1 Wisconsin opinions naming this issue, 1987–1987
1 sentence

1987The state further argues that because there is a "strong evidentiary basis” for the jury’s verdict, if there was error, it was harmless. 9 In Lynumn v. Illinois, 372 U.S. 528, 537 (1963), the Court described a similar argument as "an impermissible doctrine.” The Court said: As was said in Payne v. Arkansas, [ 356 U.S. 560, 568 (1958),] "this Court has uniformly held that even though there may have been sufficient evidence, apart from the coerced confession, to support a judgment of conviction, the admission in evidence, over objection, of the coerced confession vitiates the judgment because it

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
In Re Commitment of Arends green
wis · 2010
2 sentences

2017If the enumerated items do contain such facts, the presence of evidence unfavorable to the petitioner——a re-examination report reaching a conclusion that the petitioner was still more likely than not to sexually reoffend, for example——does not negate the favorable facts upon which a trier of fact might reasonably rely. 2 No. 2013AP950.akz State v. Arends, 2010 WI 46, ¶40 , 325 Wis. 2d 1 , 784 N.W.2d 513 (footnote omitted). ¶63 I doubt the court intends either of the potential defects I have identified.

2017If the enumerated items do contain such facts, the presence of evidence unfavorable to the petitioner——a re-examination report reaching a conclusion that the petitioner was still more likely than not to sexually reoffend, for example——does not negate the favorable facts upon which a trier of fact might reasonably rely. 2 No. 2013AP950.akz State v. Arends, 2010 WI 46, ¶40 , 325 Wis. 2d 1 , 784 N.W.2d 513 (footnote omitted). ¶63 I doubt the court intends either of the potential defects I have identified.

22017–2017
Rosso v. Puerto Rico green
scotus · 1968
1 sentence

2006Ark. 1968) (seeming not to require factual evidence that individuals had been subjected to reprisals and instead determining that it would be naive not to recognize that disclosure of identities would subject at least some of them to reprisals), affd per curiam, Roberts v. Pollard, 393 U.S. 14 (1968).

12006–2006
Troxel v. Granville green
scotus · 2000
1 sentence

2002Id. at 72-73 .

12002–2002
Vlandis v. Kline green
scotus · 1973
1 sentence

1989We disagree that the committee imposed such a requirement. *120 The Vlandis Court stated that one of the criteria which could be applied in determining student residence was the filing of income tax returns. 412 U.S. at 454 .

11989–1989
Jackson v. Denno green
scotus · 1964
1 sentence

1987In Mincey v. Arizona, 437 U.S. at 398 , the Court said: [AJny criminal trial use against a defendant of his involuntary statement is a denial of due process of law "even though there is ample evidence aside from the confession to support the conviction.” Jackson v. Denno, [ 378 U.S. 368 ,] 376 [(1964)].

11987–1987
Mincey v. Arizona green
scotus · 1978
1 sentence

1987In Mincey v. Arizona, 437 U.S. at 398 , the Court said: [AJny criminal trial use against a defendant of his involuntary statement is a denial of due process of law "even though there is ample evidence aside from the confession to support the conviction.” Jackson v. Denno, [ 378 U.S. 368 ,] 376 [(1964)].

11987–1987

Statutes the citing opinions construe

WI § Wis. Stat. § 904.01 (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 145 (1965–2026) NY 55 (1964–2026) TX 34 (1973–2024) PA 27 (1978–2025) FL 23 (1980–2021) MI 18 (1984–2023) IL 14 (1962–2015) WA 13 (1978–2022) WV 12 (1978–2026) NV 11 (1985–2021) CO 10 (1966–2016) DC 9 (1982–2022) NC 9 (1989–2022) MA 8 (1979–2011) OR 8 (1986–2025) IA 8 (2014–2023) MO 7 (1980–2023) OH 7 (1999–2023) AZ 6 (1987–2017) CT 6 (1985–2025) MN 6 (1968–2025) NJ 6 (1981–2021) WI 6 (1987–2017) GA 5 (1989–2026) AL 5 (1983–2016) IN 5 (1991–2020) OK 4 (1980–2006) ND 4 (1984–2023) LA 4 (1983–2022) MD 3 (1974–2001) RI 3 (1981–2026) ME 3 (2002–2015) VT 2 (1984–2010) UT 2 (1988–2022) NM 2 (2010–2022) SC 2 (1994–1996) MT 2 (2007–2010)

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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