6 Wisconsin opinions name it 3 courts 1986–2007 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 |
|---|---|---|
Schmerber v. Californiagreen2 sentences2006The Winston test recognizes that "[t]he overriding function of the Fourth Amendment is to protect personal privacy and dignity against unwarranted intrusion by the State." Winston, 470 U.S. at 760 , 105 S.Ct. 1611 (quoting Schmerber v. California, 384 U.S. 757, 767 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966)). 2006The Winston test recognizes that "[t]he overriding function of the Fourth Amendment is to protect personal privacy and dignity against unwarranted intrusion by the State." Winston, 470 U.S. at 760 (quoting Schmerber v. California, 384 U.S. 757, 767 (1966)). | 1 | 1 |
State v. Fabritzgreen2 sentences1986In State v. Fabritz, 276 Md. 416 , 348 A. 2d 275, 280 (1975), the Maryland Court of Appeals construed that state's child abuse statute to apply to a parent who allegedly caused a child to experience further injury because she failed to seek prompt medical attention for the child who had been severely beaten by a baby sitter. 1986In State v. Fabritz, 276 Md. 416 , 348 A. 2d 275, 280 (1975), the Maryland Court of Appeals construed that state's child abuse statute to apply to a parent who allegedly caused a child to experience further injury because she failed to seek prompt medical attention for the child who had been severely beaten by a baby sitter. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kruczek v. Wisconsin Department of Workforce Development
green
2 sentences2007Throughout this opinion we will refer to the ALJ's opinion as the Board's opinion. 4 On appeal, the Board questions whether we intended to modify this standard through language in a footnote in Kruczek v. DWD, 2005 WI App 12 , 278 Wis. 2d 563 , 692 N.W.2d 286 , in which, after discussing the deference we accord an agency's interpretation of its own rules, we noted that "[t]here are lower levels of deference." Id. at ¶ 12 n.3. 2007Throughout this opinion we will refer to the ALJ's opinion as the Board's opinion. 4 On appeal, the Board questions whether we intended to modify this standard through language in a footnote in Kruczek v. DWD, 2005 WI App 12 , 278 Wis. 2d 563 , 692 N.W.2d 286 , in which, after discussing the deference we accord an agency's interpretation of its own rules, we noted that "[t]here are lower levels of deference." Id. at ¶ 12 n.3. | 1 | 2007–2007 |
Winston v. Lee
green
2 sentences2006Id. at 762 , 105 S.Ct. 1611 . [10] The balance "is a delicate one admitting of few categorical answers." Id. at 760 , 105 S.Ct. 1611 . ¶ 38 We agree with the court of appeals, Payano-Roman, and the State in its backup argument that Winston provides a useful framework for the case at bar. 2006Id. at 762 , 105 S.Ct. 1611 . [10] The balance "is a delicate one admitting of few categorical answers." Id. at 760 , 105 S.Ct. 1611 . ¶ 38 We agree with the court of appeals, Payano-Roman, and the State in its backup argument that Winston provides a useful framework for the case at bar. | 1 | 2006–2006 |
Hellenbrand v. Hilliard
green
2 sentences2005Hellenbrand v. Hilliard , 2004 WI App 151, ¶23 , 275 Wis. 2d 741 , 687 N.W.2d 37 , concluded that WIS JICIVIL 1804 "is a useful instruction, but one that does not cover all valid damages theories when an item of personal property is repairable." Looking to Hawes v. Germantown Mutual Insurance Co. , 103 Wis. 2d 524, 533-34 , 309 N.W.2d 356 (Ct. App. 1981), a case permitting damages for repairs and diminution in value occasioned by the collapse of a basement wall, the Hellenbrand court held, "when a plaintiff proves that repairs to personal property have not restored the property to its pre-inj 2005Hellenbrand v. Hilliard , 2004 WI App 151, ¶23 , 275 Wis. 2d 741 , 687 N.W.2d 37 , concluded that WIS JICIVIL 1804 "is a useful instruction, but one that does not cover all valid damages theories when an item of personal property is repairable." Looking to Hawes v. Germantown Mutual Insurance Co. , 103 Wis. 2d 524, 533-34 , 309 N.W.2d 356 (Ct. App. 1981), a case permitting damages for repairs and diminution in value occasioned by the collapse of a basement wall, the Hellenbrand court held, "when a plaintiff proves that repairs to personal property have not restored the property to its pre-inj | 1 | 2005–2005 |
Hawes v. Germantown Mutual Insurance
green
2 sentences2005Hellenbrand v. Hilliard , 2004 WI App 151, ¶23 , 275 Wis. 2d 741 , 687 N.W.2d 37 , concluded that WIS JICIVIL 1804 "is a useful instruction, but one that does not cover all valid damages theories when an item of personal property is repairable." Looking to Hawes v. Germantown Mutual Insurance Co. , 103 Wis. 2d 524, 533-34 , 309 N.W.2d 356 (Ct. App. 1981), a case permitting damages for repairs and diminution in value occasioned by the collapse of a basement wall, the Hellenbrand court held, "when a plaintiff proves that repairs to personal property have not restored the property to its pre-inj 2005Hellenbrand v. Hilliard , 2004 WI App 151, ¶23 , 275 Wis. 2d 741 , 687 N.W.2d 37 , concluded that WIS JICIVIL 1804 "is a useful instruction, but one that does not cover all valid damages theories when an item of personal property is repairable." Looking to Hawes v. Germantown Mutual Insurance Co. , 103 Wis. 2d 524, 533-34 , 309 N.W.2d 356 (Ct. App. 1981), a case permitting damages for repairs and diminution in value occasioned by the collapse of a basement wall, the Hellenbrand court held, "when a plaintiff proves that repairs to personal property have not restored the property to its pre-inj | 1 | 2005–2005 |
Southern California Edison Co. v. Public Utilities Commission
green
2 sentences1994Southern California Edison Co. v. Public Utilities Commission, 576 P.2d 945 (Calif. 1978). 1994Southern California Edison Co. v. Public Utilities Commission, 576 P.2d 945 (Calif. 1978). | 1 | 1994–1994 |
Holmes v. Osborn
green
2 sentences1988Holmes v. Osborn , 57 Ariz. 522 , 115 P.2d 775 (1941). *Page 40 The comment to chapter 337, Laws of 1969, notes that on some questions, "no more can be done than to state a general principle which, in its nature, can only be enforced in egregious cases but which can nevertheless provide a useful standard for the commissioner and for public opinion." That is all that is possible here. 1988Holmes v. Osborn , 57 Ariz. 522 , 115 P.2d 775 (1941). *Page 40 The comment to chapter 337, Laws of 1969, notes that on some questions, "no more can be done than to state a general principle which, in its nature, can only be enforced in egregious cases but which can nevertheless provide a useful standard for the commissioner and for public opinion." That is all that is possible here. | 1 | 1988–1988 |
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.