Wade test in Wisconsin

6 Wisconsin opinions name it 2 courts 1973–2021 1 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 (9)

Case	Followed	Cited
United States v. Crewsgreen scotus · 1980 · cited in 2 Wisconsin opinions naming this issue, 1990–1997 2 sentences 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the	1	2
Strickland v. Washingtongreen scotus · 1984 · cited in 1 Wisconsin opinions naming this issue, 2021–2021 1 sentence 2021See Strickland, 466 U.S. at 687 .	1	1
State v. Santiagogreen wis · 1996 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the	1	1
State v. Harpergreen wis · 1973 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997See, e.g., State v. Harper, 57 Wis. 2d 543, 546 , 205 N.W.2d 1 (1973). 7 IV. ¶ 28. 1997See, e.g., State v. Harper, 57 Wis. 2d 543, 546 , 205 N.W.2d 1 (1973). 7 IV. ¶ 28.	1	1
United States v. Wadegreen scotus · 1967 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997Although the Wade test is derived from the Sixth Amendment right to counsel, the Court's concern in Wade was similarly that of "mistaken identification" and protecting the accused from pre-trial identification procedures replete with "innumerable dangers." Wade, 388 U.S. at 228 . ¶ 71. 1997Although the Wade test is derived from the Sixth Amendment right to counsel, the Court's concern in Wade was similarly that of "mistaken identification" and protecting the accused from pre-trial identification procedures replete with "innumerable dangers." Wade, 388 U.S. at 228 . ¶ 71.	1	1
State v. Frygreen wis · 1986 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the	1	1
State v. Walkergreen wis · 1990 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997See State v. Walker, 154 Wis. 2d 158, 188-89 , 453 N.W.2d 127 , cert. denied, 498 U.S. 962 (1990). 1997See State v. Walker, 154 Wis. 2d 158, 188-89 , 453 N.W.2d 127 , cert. denied, 498 U.S. 962 (1990).	1	1
Jenkins v. United Statesgreen scotus · 1990 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997See State v. Walker, 154 Wis. 2d 158, 188-89 , 453 N.W.2d 127 , cert. denied, 498 U.S. 962 (1990). 1997See State v. Walker, 154 Wis. 2d 158, 188-89 , 453 N.W.2d 127 , cert. denied, 498 U.S. 962 (1990).	1	1
Scroggins v. Idahogreen scotus · 1986 · cited in 1 Wisconsin opinions naming this issue, 1997–1997 2 sentences 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the 1997See Brief for State at 14 n.1. [4] See State v. Santiago, 206 Wis. 2d 3, 17-18 , 556 N.W.2d 687 (1996). [5] See State v. Fry, 131 Wis. 2d 153, 171 , 388 N.W.2d 565 , cert. denied, 479 U.S. 989 (1986) ("The reason for independent appellate review of constitutional facts is [that] `[t]he scope of constitutional protections, representing the basic value commitments of our society, cannot vary from trial court to trial court, or from jury to jury.'"). [6] See United States v. Wade, 388 U.S. 218, 241 (1967); United States v. Crews, 445 U.S. 463 , 473 n.18 (1980). [7] The court has also applied the	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
State v. Villarreal green wisctapp · 2013 2 sentences 2019Thus, it is not the Strickland analysis that is applied to Wade's claim; rather, the appropriate test is whether the defendant has shown that "an actual conflict of interest adversely affected his lawyer's performance." State v. Villarreal , 2013 WI App 33 , ¶8, 346 Wis. 2d 690 , 828 N.W.2d 866 (citation and two sets of quotation marks omitted). 2019Thus, it is not the Strickland analysis that is applied to Wade's claim; rather, the appropriate test is whether the defendant has shown that "an actual conflict of interest adversely affected his lawyer's performance." State v. Villarreal , 2013 WI App 33 , ¶8, 346 Wis. 2d 690 , 828 N.W.2d 866 (citation and two sets of quotation marks omitted).	1	2019–2019
State v. McMorris green wis · 1997 2 sentences 2006Id. at 168, 570 N.W.2d 384 (citation omitted). 2006Id. at 168, 570 N.W.2d 384 (citation omitted).	1	2006–2006
Quinn v. State green wis · 1972 2 sentences 1973During his cross-examination he brought out points that would only be known to the defendant, and in some way that matter was given to Mr. Schwartz by the defendant.” This court has held for some time that a new trial will not be granted upon the ground of inadequate representation unless counsel’s performance is “so inadequate and of such low competency as to amount to no representation.” Pulaski v. State (1964), 23 Wis. 2d 138, 148 , 126 N. W. 2d 625 ; Quinn v. State (1972), 53 Wis. 2d 821 , 193 N. W. 2d 665 ; Swonger v. State (1972), 54 Wis. 2d 468 , 195 N. W. 2d 598 . 1973During his cross-examination he brought out points that would only be known to the defendant, and in some way that matter was given to Mr. Schwartz by the defendant.” This court has held for some time that a new trial will not be granted upon the ground of inadequate representation unless counsel’s performance is “so inadequate and of such low competency as to amount to no representation.” Pulaski v. State (1964), 23 Wis. 2d 138, 148 , 126 N. W. 2d 625 ; Quinn v. State (1972), 53 Wis. 2d 821 , 193 N. W. 2d 665 ; Swonger v. State (1972), 54 Wis. 2d 468 , 195 N. W. 2d 598 .	1	1973–1973
Pulaski v. State green wis · 1964 2 sentences 1973During his cross-examination he brought out points that would only be known to the defendant, and in some way that matter was given to Mr. Schwartz by the defendant.” This court has held for some time that a new trial will not be granted upon the ground of inadequate representation unless counsel’s performance is “so inadequate and of such low competency as to amount to no representation.” Pulaski v. State (1964), 23 Wis. 2d 138, 148 , 126 N. W. 2d 625 ; Quinn v. State (1972), 53 Wis. 2d 821 , 193 N. W. 2d 665 ; Swonger v. State (1972), 54 Wis. 2d 468 , 195 N. W. 2d 598 . 1973During his cross-examination he brought out points that would only be known to the defendant, and in some way that matter was given to Mr. Schwartz by the defendant.” This court has held for some time that a new trial will not be granted upon the ground of inadequate representation unless counsel’s performance is “so inadequate and of such low competency as to amount to no representation.” Pulaski v. State (1964), 23 Wis. 2d 138, 148 , 126 N. W. 2d 625 ; Quinn v. State (1972), 53 Wis. 2d 821 , 193 N. W. 2d 665 ; Swonger v. State (1972), 54 Wis. 2d 468 , 195 N. W. 2d 598 .	1	1973–1973
Swonger v. State green wis · 1972 2 sentences 1973During his cross-examination he brought out points that would only be known to the defendant, and in some way that matter was given to Mr. Schwartz by the defendant.” This court has held for some time that a new trial will not be granted upon the ground of inadequate representation unless counsel’s performance is “so inadequate and of such low competency as to amount to no representation.” Pulaski v. State (1964), 23 Wis. 2d 138, 148 , 126 N. W. 2d 625 ; Quinn v. State (1972), 53 Wis. 2d 821 , 193 N. W. 2d 665 ; Swonger v. State (1972), 54 Wis. 2d 468 , 195 N. W. 2d 598 . 1973During his cross-examination he brought out points that would only be known to the defendant, and in some way that matter was given to Mr. Schwartz by the defendant.” This court has held for some time that a new trial will not be granted upon the ground of inadequate representation unless counsel’s performance is “so inadequate and of such low competency as to amount to no representation.” Pulaski v. State (1964), 23 Wis. 2d 138, 148 , 126 N. W. 2d 625 ; Quinn v. State (1972), 53 Wis. 2d 821 , 193 N. W. 2d 665 ; Swonger v. State (1972), 54 Wis. 2d 468 , 195 N. W. 2d 598 .	1	1973–1973

Where else courts name it

NY 1204 (1971–2026) NJ 120 (1968–2026) MI 36 (1967–2026) TX 14 (1977–2023) PA 12 (1970–2023) CA 10 (1967–2022) IL 9 (1971–2007) OH 9 (1933–2023) MO 8 (1967–2020) FL 6 (1968–2017) WI 6 (1973–2021) KS 5 (2010–2025) MS 4 (1973–2024) CT 4 (1970–2016) IN 4 (1969–1999) GA 3 (1991–2016) VT 3 (1980–2008) AZ 3 (1973–2021) DE 3 (1971–1972) KY 2 (2021–2021) WA 2 (1984–2006) NM 2 (1973–1990) RI 2 (1972–1987) NC 2 (1969–2000)

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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