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6 Wisconsin opinions name it 2 courts 1980–1997 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.
| Case | Followed | Cited |
|---|---|---|
In Re Guardianship of Pescinskigreen2 sentences1997I take the majority opinion to imply that L.W. rejected the substituted judgment test for all persons in a persistent vegetative state: Noting that this court has rejected the substituted judgment standard in the past [citing In re Guardianship of Pescinski, 67 Wis. 2d 4, 7-8 , 226 N.W.2d 180 (1975) and In re Guardianship of Eberhardy, 102 Wis. 2d 539, 566-67 , 307 N.W.2d 881 (1981)] and that the clear and convincing evidence standard would be too strict, this court [in L.W.] concluded that an objective "best interests" standard was the appropriate standard to apply when deciding whether to wi 1997I take the majority opinion to imply that L.W. rejected the substituted judgment test for all persons in a persistent vegetative state: Noting that this court has rejected the substituted judgment standard in the past [citing In re Guardianship of Pescinski, 67 Wis. 2d 4, 7-8 , 226 N.W.2d 180 (1975) and In re Guardianship of Eberhardy, 102 Wis. 2d 539, 566-67 , 307 N.W.2d 881 (1981)] and that the clear and convincing evidence standard would be too strict, this court [in L.W.] concluded that an objective "best interests" standard was the appropriate standard to apply when deciding whether to wi | 3 | 6 |
In Matter of Guardianship of LWgreen2 sentences1997L.W. 167 Wis. 2d at 78 -79 and n.11. 1997Id. at 76, 78, 81. | 1 | 1 |
In Re Gradygreen1 sentence1980See Grady, 405 A.2d at 863 et seq. and Wyatt v. Aderholt, 368 F. Supp. 1383 (M.D. | 1 | 1 |
Wyatt v. Aderholtgreen1 sentence1980See Grady, 405 A.2d at 863 et seq. and Wyatt v. Aderholt, 368 F. Supp. 1383 (M.D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eberhardy v. Circuit Court for Wood County
green
2 sentences1997I take the majority opinion to imply that L.W. rejected the substituted judgment test for all persons in a persistent vegetative state: Noting that this court has rejected the substituted judgment standard in the past [citing In re Guardianship of Pescinski, 67 Wis. 2d 4, 7-8 , 226 N.W.2d 180 (1975) and In re Guardianship of Eberhardy, 102 Wis. 2d 539, 566-67 , 307 N.W.2d 881 (1981)] and that the clear and convincing evidence standard would be too strict, this court [in L.W.] concluded that an objective "best interests" standard was the appropriate standard to apply when deciding whether to wi 1997I take the majority opinion to imply that L.W. rejected the substituted judgment test for all persons in a persistent vegetative state: Noting that this court has rejected the substituted judgment standard in the past [citing In re Guardianship of Pescinski, 67 Wis. 2d 4, 7-8 , 226 N.W.2d 180 (1975) and In re Guardianship of Eberhardy, 102 Wis. 2d 539, 566-67 , 307 N.W.2d 881 (1981)] and that the clear and convincing evidence standard would be too strict, this court [in L.W.] concluded that an objective "best interests" standard was the appropriate standard to apply when deciding whether to wi | 3 | 1992–1997 |
Rasmussen by Mitchell v. Fleming
green
2 sentences1992Rasmussen, 154 Ariz. at 222 , 741 P.2d at 689 . 12 The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research (President's Commission) also concluded that in the absence of written or oral instructions, withdrawal and withholding decisions must be made by utilization of the "best interests" standard. 1992Rasmussen, 154 Ariz. at 222 , 741 P.2d at 689 . 12 The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research (President's Commission) also concluded that in the absence of written or oral instructions, withdrawal and withholding decisions must be made by utilization of the "best interests" standard. | 2 | 1992–1992 |
In Matter of Guardianship of FEH
green
2 sentences1995F.E.H., 154 Wis. 2d at 588 , 453 N.W.2d at 886-87 . 6 In F.E.H., our supreme court did not invoke the doctrine on its own but instead recognized that the legislature had chosen to adopt the doctrine of substituted judgment. 1995F.E.H., 154 Wis. 2d at 588 , 453 N.W.2d at 886-87 . 6 In F.E.H., our supreme court did not invoke the doctrine on its own but instead recognized that the legislature had chosen to adopt the doctrine of substituted judgment. | 1 | 1995–1995 |
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.
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.