two step standard (Wisconsin) · Go Syfert
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two step standard in Wisconsin

6 Wisconsin opinions name it 2 courts 1978–2021 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.

Followed or applied (1)

CaseFollowedCited
State v. Harborgreen
wis · 2011 · cited in 1 Wisconsin opinions naming this issue, 2021–2021
2 sentences

2021State v. Harbor, 2011 WI 28, ¶¶40, 52 , 333 Wis. 2d 53 , 797 N.W.2d 828 (internal quotation marks and quoted source omitted). ¶30 A circuit court’s decision on sentence modification involves a two- step inquiry.

2021State v. Harbor, 2011 WI 28, ¶¶40, 52 , 333 Wis. 2d 53 , 797 N.W.2d 828 (internal quotation marks and quoted source omitted). ¶30 A circuit court’s decision on sentence modification involves a two- step inquiry.

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 (8)

CaseCitedYears
State v. Samuel green
wis · 2002
2 sentences

2021“We apply a two- step standard of review to constitutional search and seizure inquiries.” State v. Matejka, 2001 WI 5, ¶16 , 241 Wis. 2d 52 , 621 N.W.2d 891 . “[W]e uphold a circuit court’s factual findings unless clearly erroneous, but we independently determine whether those facts meet the constitutional standard.” State v. Samuel, 2002 WI 34, ¶15 , 252 Wis. 2d 26 , 643 N.W.2d 423 . 7 No. 2019AP588-CR ¶13 A traffic stop, “even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of the Fourth Amendment.” State v. Popke, 2009 WI 37, ¶11

2021“We apply a two- step standard of review to constitutional search and seizure inquiries.” State v. Matejka, 2001 WI 5, ¶16 , 241 Wis. 2d 52 , 621 N.W.2d 891 . “[W]e uphold a circuit court’s factual findings unless clearly erroneous, but we independently determine whether those facts meet the constitutional standard.” State v. Samuel, 2002 WI 34, ¶15 , 252 Wis. 2d 26 , 643 N.W.2d 423 . 7 No. 2019AP588-CR ¶13 A traffic stop, “even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of the Fourth Amendment.” State v. Popke, 2009 WI 37, ¶11

12021–2021
State v. Matejka green
wis · 2001
2 sentences

2021“We apply a two- step standard of review to constitutional search and seizure inquiries.” State v. Matejka, 2001 WI 5, ¶16 , 241 Wis. 2d 52 , 621 N.W.2d 891 . “[W]e uphold a circuit court’s factual findings unless clearly erroneous, but we independently determine whether those facts meet the constitutional standard.” State v. Samuel, 2002 WI 34, ¶15 , 252 Wis. 2d 26 , 643 N.W.2d 423 . 7 No. 2019AP588-CR ¶13 A traffic stop, “even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of the Fourth Amendment.” State v. Popke, 2009 WI 37, ¶11

2021“We apply a two- step standard of review to constitutional search and seizure inquiries.” State v. Matejka, 2001 WI 5, ¶16 , 241 Wis. 2d 52 , 621 N.W.2d 891 . “[W]e uphold a circuit court’s factual findings unless clearly erroneous, but we independently determine whether those facts meet the constitutional standard.” State v. Samuel, 2002 WI 34, ¶15 , 252 Wis. 2d 26 , 643 N.W.2d 423 . 7 No. 2019AP588-CR ¶13 A traffic stop, “even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of the Fourth Amendment.” State v. Popke, 2009 WI 37, ¶11

12021–2021
State v. Popke green
wis · 2009
2 sentences

2021“We apply a two- step standard of review to constitutional search and seizure inquiries.” State v. Matejka, 2001 WI 5, ¶16 , 241 Wis. 2d 52 , 621 N.W.2d 891 . “[W]e uphold a circuit court’s factual findings unless clearly erroneous, but we independently determine whether those facts meet the constitutional standard.” State v. Samuel, 2002 WI 34, ¶15 , 252 Wis. 2d 26 , 643 N.W.2d 423 . 7 No. 2019AP588-CR ¶13 A traffic stop, “even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of the Fourth Amendment.” State v. Popke, 2009 WI 37, ¶11

2021“We apply a two- step standard of review to constitutional search and seizure inquiries.” State v. Matejka, 2001 WI 5, ¶16 , 241 Wis. 2d 52 , 621 N.W.2d 891 . “[W]e uphold a circuit court’s factual findings unless clearly erroneous, but we independently determine whether those facts meet the constitutional standard.” State v. Samuel, 2002 WI 34, ¶15 , 252 Wis. 2d 26 , 643 N.W.2d 423 . 7 No. 2019AP588-CR ¶13 A traffic stop, “even if only for a brief period and for a limited purpose, constitutes a ‘seizure’ of ‘persons’ within the meaning of the Fourth Amendment.” State v. Popke, 2009 WI 37, ¶11

12021–2021
State v. John Patrick Wright green
wis · 2019
2 sentences

2021“The ‘mission’ of a traffic stop includes: (1) addressing the traffic violation that warranted the stop; (2) conducting ordinary inquiries incident to the stop; and (3) taking negligibly burdensome precautions to ensure officer safety.” State v. Wright, 2019 WI 45, ¶24 , 386 Wis. 2d 495 , 926 N.W.2d 157 (citations omitted).

2021“The ‘mission’ of a traffic stop includes: (1) addressing the traffic violation that warranted the stop; (2) conducting ordinary inquiries incident to the stop; and (3) taking negligibly burdensome precautions to ensure officer safety.” State v. Wright, 2019 WI 45, ¶24 , 386 Wis. 2d 495 , 926 N.W.2d 157 (citations omitted).

12021–2021
State v. Post green
wis · 2007
1 sentence

2020“A question of constitutional fact is a mixed question of law and fact to which we apply a two- step standard of review.” Id.

12020–2020
State v. Eason green
wis · 2001
2 sentences

2019State v. Eason, 2001 WI 98, ¶9 , 245 Wis. 2d 206 , 629 N.W.2d 625 . ¶20 First, we will uphold the circuit court's findings of fact unless they are clearly erroneous.

2019State v. Eason, 2001 WI 98, ¶9 , 245 Wis. 2d 206 , 629 N.W.2d 625 . ¶20 First, we will uphold the circuit court's findings of fact unless they are clearly erroneous.

12019–2019
State v. Robinson green
wisctapp · 2009
2 sentences

2014State v. Robinson, 2009 WI App 97, ¶ 9 , 320 Wis. 2d 689 , 770 N.W.2d 721 .

2014State v. Robinson, 2009 WI App 97, ¶ 9 , 320 Wis. 2d 689 , 770 N.W.2d 721 .

12014–2014
Transport Oil, Inc. v. Cummings green
wis · 1972
2 sentences

1978The companies contend that under the rule of Transport Oil v. Cummings, 54 Wis.2d 256 , 195 N.W.2d 649 (1972), D.I.L.H.R.’s ultimate findings must be supported by basic findings. 1 Transport Oil, supra was an unem *486 ployment compensation case and the issue was whether Cummings was an employee within the meaning of sec. 108.02(8), Stats. 2 The statute required a two step analysis, “The first step is to decide whether a person falls within the purview of par. (a): That he is an ‘individual who is or has been performing services for an employing unit, in an employment.’ If the person meets the

1978The companies contend that under the rule of Transport Oil v. Cummings, 54 Wis.2d 256 , 195 N.W.2d 649 (1972), D.I.L.H.R.’s ultimate findings must be supported by basic findings. 1 Transport Oil, supra was an unem *486 ployment compensation case and the issue was whether Cummings was an employee within the meaning of sec. 108.02(8), Stats. 2 The statute required a two step analysis, “The first step is to decide whether a person falls within the purview of par. (a): That he is an ‘individual who is or has been performing services for an employing unit, in an employment.’ If the person meets the

11978–1978

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (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

TX 120 (1978–2026) IN 34 (1981–2020) CT 32 (1986–2024) OH 23 (1990–2025) LA 22 (1985–2024) WA 22 (2005–2025) PA 21 (1976–2025) CA 20 (2001–2026) NJ 16 (1987–2026) IL 15 (1977–2026) DE 14 (1986–2024) MN 12 (1990–2024) DC 11 (1978–2019) AL 10 (1989–2016) CO 8 (1987–2025) FL 8 (1994–2025) MO 8 (1980–2019) AZ 7 (1985–2023) WI 6 (1978–2021) HI 6 (1993–2020) GA 5 (1979–2025) ME 5 (2002–2022) NC 5 (1992–2024) MD 5 (1998–2026) IA 4 (1981–2023) UT 3 (1991–1993) OR 3 (1986–2020) NV 3 (2017–2024) ID 3 (2020–2025) OK 3 (1991–2007) MA 3 (2023–2024) WY 3 (2009–2014) TN 3 (1998–2026) NY 2 (2008–2010) ND 2 (1999–2011) AK 2 (1974–1986) NE 2 (1983–2017) MI 2 (1978–2024) NM 2 (1979–2009) VA 2 (1990–2005) KS 2 (2018–2025) MS 2 (2005–2007)

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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