statutorily created privilege (Wisconsin) · Go Syfert
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statutorily created privilege in Wisconsin

6 Wisconsin opinions name it 2 courts 1992–2016 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
State v. SHIFFRSgreen
wisctapp · 1993 · cited in 4 Wisconsin opinions naming this issue, 1995–2016
2 sentences

2016See Shiffra, 175 Wis. 2d at 608-09 (analogizing the defendant's initial burden to "cases in which a defendant seeks disclosure of a government informant's identity," and stating, "[b]oth situations require us to balance the defendant's constitutional right to a fair trial against the state's interest in protecting its citizens by upholding a statutorily created privilege."). ¶223 From all that has already been said, it is easy to see why neither of the State's proposals provide an adequate remedy.

2016See Shiffra, 175 Wis. 2d at 608-09 (analogizing the defendant's initial burden to "cases in which a defendant seeks disclosure of a government informant's identity," and stating, "[b]oth situations require us to balance the defendant's constitutional right to a fair trial against the state's interest in protecting its citizens by upholding a statutorily created privilege."). ¶ 223.

24
Ashford v. Division of Hearings & Appealsgreen
wisctapp · 1993 · cited in 1 Wisconsin opinions naming this issue, 1997–1997
2 sentences

1997See Ashford v. Division of Hearings & Appeals, 177 Wis. 2d 34, 44, 501 N.W.2d 824, 828 (Ct. App. 1993). *5 Rather, parole is a statutorily created privilege that grants conditional freedom to a parolee.

1997See Ashford v. Division of Hearings & Appeals, 177 Wis. 2d 34, 44, 501 N.W.2d 824, 828 (Ct. App. 1993). *5 Rather, parole is a statutorily created privilege that grants conditional freedom to a parolee.

11
Pennsylvania v. Ritchiegreen
scotus · 1987 · cited in 1 Wisconsin opinions naming this issue, 1992–1992
2 sentences

1992Ritchie, 480 U.S. at 43, 58-61 . [5] Similarly, in State v. *587 S.H., 159 Wis. 2d 730 , 737-738, 465 N.W.2d 238 , 241 (Ct. App. 1990), we held that a defendant in a criminal case has the due-process right to a trial court's in-camera review of material protected by a privilege created by Rule 905.04(2), Stats. [4, 5] Absent a constitutional provision, statute, or evidentiary rule to the contrary, the law is entitled to every person's evidence.

1992Ritchie, 480 U.S. at 43, 58-61 . 5 Similarly, in State v. S.H., 159 Wis. 2d 730 , 737-738, 465 N.W.2d 238 , 241 (Ct. App. 1990), we held that a defendant in a criminal case has the due-process right to a trial court's in-camera review of material protected by a privilege created by Rule 905.04(2), Stats.

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 (1)

CaseCitedYears
State v. S.H. green
wisctapp · 1990
2 sentences

1992Ritchie, 480 U.S. at 43, 58-61 . 5 Similarly, in State v. S.H., 159 Wis. 2d 730 , 737-738, 465 N.W.2d 238 , 241 (Ct. App. 1990), we held that a defendant in a criminal case has the due-process right to a trial court's in-camera review of material protected by a privilege created by Rule 905.04(2), Stats.

1992Ritchie, 480 U.S. at 43, 58-61 . 5 Similarly, in State v. S.H., 159 Wis. 2d 730 , 737-738, 465 N.W.2d 238 , 241 (Ct. App. 1990), we held that a defendant in a criminal case has the due-process right to a trial court's in-camera review of material protected by a privilege created by Rule 905.04(2), Stats.

11992–1992

Statutes the citing opinions construe

WI § Wis. Stat. § 905.04 (5) WI § Wis. Stat. § 948.02 (4) WI § Wis. Stat. § 48.78 (3) WI § Wis. Stat. § 48.981 (3) WI § Wis. Stat. § 971.23 (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

OH 7 (1998–2026) VA 7 (1989–2016) WI 6 (1992–2016) MI 6 (2017–2020) UT 5 (1998–2018) CA 4 (1983–2004) TX 4 (2000–2015) MO 4 (1994–2008) CT 4 (2012–2022) NY 4 (1979–2009) IL 3 (1989–1997) PA 3 (1979–2011) LA 3 (2003–2009) NJ 2 (1982–1984)

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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