44 Wisconsin opinions name it 2 courts 1959–2026 28 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 |
|---|---|---|
State v. Andres Romero-Georganagreen2 sentences2026State v. Romero-Georgana, 2014 WI 83, ¶30 , 360 Wis. 2d 522 , 849 N.W.2d 668 . ¶14 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” Id., ¶36. 2026State v. Romero-Georgana, 2014 WI 83, ¶30 , 360 Wis. 2d 522 , 849 N.W.2d 668 . ¶14 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” Id., ¶36. | 10 | 33 |
Strickland v. Washingtongreen2 sentences2026Such a claim must be supported by alleging that postconviction counsel was constitutionally ineffective, rendering deficient performance that resulted in prejudice to the defendant, under Strickland v. Washington, 466 U.S. 668 (1984). 2025However, Anthony’s allegations are inadequate to demonstrate that postconviction counsel’s performance was deficient and that the deficiency prejudiced his defense, as required by the two-prong ineffective assistance of counsel test in Strickland v. Washington, 466 U.S. 668, 687 (1984). ¶10 Anthony’s allegations are conclusory and opinion framed as factual allegations. | 2 | 4 |
State v. Escalona-Naranjogreen2 sentences2022See id., 360 Wis. 2d 522, ¶36 (ineffective assistance of postconviction counsel may constitute a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal); State v. Love, 2005 WI 116, ¶¶21, 56 , 284 Wis. 2d 111 , 700 N.W.2d 62 (discovery of new evidence may constitute a sufficient reason for a second or subsequent postconviction proceeding under § 974.06). ¶18 We begin our analysis with Pico’s newly-discovered-evidence claim. 2021See Escalona-Naranjo, 185 Wis. 2d at 185 . ¶10 Although ineffective assistance of postconviction counsel may constitute a sufficient reason for failing to raise an available claim on direct appeal, State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 , Higgenbottom has not established that here. | 2 | 2 |
State v. Thamesgreen2 sentences2024See State v. Thames, 2005 WI App 101, ¶10 , 281 Wis. 2d 772 , 700 N.W.2d 285 . ¶7 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” Romero-Georgana, 360 Wis. 2d 522, ¶36 . 2024See State v. Thames, 2005 WI App 101, ¶10 , 281 Wis. 2d 772 , 700 N.W.2d 285 . ¶7 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” Romero-Georgana, 360 Wis. 2d 522, ¶36 . | 1 | 3 |
Milton v. Washburn Countygreen2 sentences2025See Glendenning’s Limestone & Ready-Mix Co. v. Reimer, 2006 WI App 161, ¶14 , 295 Wis. 2d 556 , 721 N.W.2d 704 ; see also Milton v. Washburn County, 2011 WI App 48 , ¶8 n.5, 332 Wis. 2d 319 , 797 N.W.2d 924 (“[I]f a circuit court reaches the right result for the wrong reason, we will nevertheless affirm.”). 4 No. 2023AP1141 ¶11 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 . 2025See Glendenning’s Limestone & Ready-Mix Co. v. Reimer, 2006 WI App 161, ¶14 , 295 Wis. 2d 556 , 721 N.W.2d 704 ; see also Milton v. Washburn County, 2011 WI App 48 , ¶8 n.5, 332 Wis. 2d 319 , 797 N.W.2d 924 (“[I]f a circuit court reaches the right result for the wrong reason, we will nevertheless affirm.”). 4 No. 2023AP1141 ¶11 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 . | 1 | 1 |
Glendenning's Limestone & Ready-Mix Co. v. Reimergreen2 sentences2025See Glendenning’s Limestone & Ready-Mix Co. v. Reimer, 2006 WI App 161, ¶14 , 295 Wis. 2d 556 , 721 N.W.2d 704 ; see also Milton v. Washburn County, 2011 WI App 48 , ¶8 n.5, 332 Wis. 2d 319 , 797 N.W.2d 924 (“[I]f a circuit court reaches the right result for the wrong reason, we will nevertheless affirm.”). 4 No. 2023AP1141 ¶11 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 . 2025See Glendenning’s Limestone & Ready-Mix Co. v. Reimer, 2006 WI App 161, ¶14 , 295 Wis. 2d 556 , 721 N.W.2d 704 ; see also Milton v. Washburn County, 2011 WI App 48 , ¶8 n.5, 332 Wis. 2d 319 , 797 N.W.2d 924 (“[I]f a circuit court reaches the right result for the wrong reason, we will nevertheless affirm.”). 4 No. 2023AP1141 ¶11 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 . | 1 | 1 |
State v. Allengreen2 sentences2023See State v. Allen, 2004 WI 106, ¶27 , 274 Wis. 2d 568 , 682 N.W.2d 433 . ¶18 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 . 2023See State v. Allen, 2004 WI 106, ¶27 , 274 Wis. 2d 568 , 682 N.W.2d 433 . ¶18 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” State v. Romero-Georgana, 2014 WI 83, ¶36 , 360 Wis. 2d 522 , 849 N.W.2d 668 . | 1 | 1 |
Walgreen Co. v. City of Madisongreen2 sentences2023See Walgreen Co. v. City of Madison, 2008 WI 80, ¶2 , 311 Wis. 2d 158 , 752 N.W.2d 687 (noting that when one issue is dispositive, the other issues raised by the parties need not be addressed). 5 No. 2021AP1179 ¶10 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” Id., ¶36. 2023See Walgreen Co. v. City of Madison, 2008 WI 80, ¶2 , 311 Wis. 2d 158 , 752 N.W.2d 687 (noting that when one issue is dispositive, the other issues raised by the parties need not be addressed). 5 No. 2021AP1179 ¶10 “In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal.” Id., ¶36. | 1 | 1 |
State v. Lovegreen2 sentences2022See id., 360 Wis. 2d 522, ¶36 (ineffective assistance of postconviction counsel may constitute a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal); State v. Love, 2005 WI 116, ¶¶21, 56 , 284 Wis. 2d 111 , 700 N.W.2d 62 (discovery of new evidence may constitute a sufficient reason for a second or subsequent postconviction proceeding under § 974.06). ¶18 We begin our analysis with Pico’s newly-discovered-evidence claim. 2022See id., 360 Wis. 2d 522, ¶36 (ineffective assistance of postconviction counsel may constitute a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal); State v. Love, 2005 WI 116, ¶¶21, 56 , 284 Wis. 2d 111 , 700 N.W.2d 62 (discovery of new evidence may constitute a sufficient reason for a second or subsequent postconviction proceeding under § 974.06). ¶18 We begin our analysis with Pico’s newly-discovered-evidence claim. | 1 | 1 |
People v. Jonesgreen1 sentence2015See People v. Jones, 792 P.2d 643, 657 (Cal. 1990) (noting that "if the defendant has lived with the victim for an extensive, uninterrupted period and therefore had continuous access to the victim, neither alibi nor wrongful identification is likely to be an available defense"). | 1 | 1 |
State v. Balliettegreen2 sentences2014Aaron Allen, 328 Wis. 2d 1, ¶85 ; see Balliette, 336 Wis. 2d 358, ¶62 . 2014Aaron Allen, 328 Wis. 2d 1, ¶ 85 ; see Balliette, 336 Wis. 2d 358, ¶ 62 . | 1 | 1 |
Barbara A. Todish v. Cigna Corp. Eastern Airlines, Incgreen1 sentence2003Todish v. Cigna Corp., 206 F.3d 303, 306 (3d Cir. 2000) 36 The other cases Dr. Castillo cites deal in their relevant portions with the effect of retaining counsel and the filing of a suit on the discovery of an available claim, not on the termination of a mental illness for purposes of a tolling statute. | 1 | 1 |
State v. Kollergreen2 sentences1996See State v. Koller, 87 Wis. 2d 253, 264 , 274 N.W.2d 651, 657 (1979) (defense counsel has a right to select from the available defense strategies and counsel's failure to request a lesser-included instruction when the defense strategy was that defendant had a better chance of acquittal without any lesser-included instructions was not ineffective). 1996See State v. Koller, 87 Wis. 2d 253, 264 , 274 N.W.2d 651, 657 (1979) (defense counsel has a right to select from the available defense strategies and counsel's failure to request a lesser-included instruction when the defense strategy was that defendant had a better chance of acquittal without any lesser-included instructions was not ineffective). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Faretta v. California
green
1 sentence2024However, a defendant who represents himself or herself in a proceeding, as Shelton did here in his July 2013 second postconviction motion, “cannot thereafter complain that the quality of his own defense [in that proceeding] amounted to a denial of ‘effective assistance of counsel.’” See Faretta v. California, 422 U.S. 806 , 834 n.46 (1975). | 1 | 2024–2024 |
Montana v. Egelhoff
green
1 sentence2021Thao contends that he was entitled to a hearing because the following facts, if true, entitle him to relief: (1) there was a strong factual basis for an intoxication defense; (2) the availability of an intoxication defense … was pivotal to his decision to enter a plea; (3) he had communications with his counsel about whether he had a right to present such a defense; (4) those communications included a discussion of [Montana v. Egelhoff, 518 U.S. 37 (1996)]; (5) counsel informed him that Egelhoff, given Wisconsin’s repeal of the defense of voluntary intoxication, foreclosed any ability to use i | 1 | 2021–2021 |
State v. Bentley
green
2 sentences2021“Whether a motion alleges facts which, if true, would entitle a defendant to relief is a question of law that we review de novo.” State v. Bentley, 201 Wis. 2d 303, 310 , 548 N.W.2d 50 (1996) (emphasis added). ¶6 Thao argues that his trial counsel told him that voluntary intoxication was not an available defense, which Thao argues was an incorrect interpretation of the state of the law in Wisconsin. 2021“Whether a motion alleges facts which, if true, would entitle a defendant to relief is a question of law that we review de novo.” State v. Bentley, 201 Wis. 2d 303, 310 , 548 N.W.2d 50 (1996) (emphasis added). ¶6 Thao argues that his trial counsel told him that voluntary intoxication was not an available defense, which Thao argues was an incorrect interpretation of the state of the law in Wisconsin. | 1 | 2021–2021 |
State v. Ziebart
green
2 sentences2020However, to prove that his appellate counsel was ineffective for failing to bring the ineffective assistance of trial counsel claims, Johnson “bears the 4 No. 2018AP971 burden of proving that trial counsel’s performance was deficient and prejudicial.” See State v. Ziebart, 2003 WI App 258, ¶15 , 268 Wis. 2d 468 , 673 N.W.2d 369 . ¶10 To prove ineffective assistance of counsel, a defendant must show both that counsel’s performance was deficient and that the deficiency prejudiced his defense. 2020However, to prove that his appellate counsel was ineffective for failing to bring the ineffective assistance of trial counsel claims, Johnson “bears the 4 No. 2018AP971 burden of proving that trial counsel’s performance was deficient and prejudicial.” See State v. Ziebart, 2003 WI App 258, ¶15 , 268 Wis. 2d 468 , 673 N.W.2d 369 . ¶10 To prove ineffective assistance of counsel, a defendant must show both that counsel’s performance was deficient and that the deficiency prejudiced his defense. | 1 | 2020–2020 |
Huml v. Vlazny
green
2 sentences2020Huml, 293 Wis. 2d 169, ¶22 . 2020Huml, 293 Wis. 2d 169, ¶22 . ¶134 But the circuit court, relying on Walters, concluded that accord and satisfaction is not an available defense in contravention of Huml and the restitution statute itself. | 1 | 2020–2020 |
Flambeau Products Corp. v. Honeywell Information Systems, Inc.
green
2 sentences2020Sys., Inc., 116 Wis. 2d 95, 112 , 341 N.W.2d 655 (1984) ("An 'accord and satisfaction' is an agreement to discharge an existing disputed claim; it constitutes a defense to an action to enforce the claim." (citation omitted)). 1 No. 2018AP875.dk to a majority of the court, accord and satisfaction is not an available defense because victims cannot release the defendant from whatever it is the state is doing when it imposes a restitution order. 2020Sys., Inc., 116 Wis. 2d 95, 112 , 341 N.W.2d 655 (1984) ("An 'accord and satisfaction' is an agreement to discharge an existing disputed claim; it constitutes a defense to an action to enforce the claim." (citation omitted)). 1 No. 2018AP875.dk to a majority of the court, accord and satisfaction is not an available defense because victims cannot release the defendant from whatever it is the state is doing when it imposes a restitution order. | 1 | 2020–2020 |
State v. Fawcett
green
1 sentence2015A challenge to the victim's credibility does not, however, affect "the legality of the prosecution in the first instance." Fawcett, 145 Wis. 2d at 254 . ¶ 39. | 1 | 2015–2015 |
State v. Lo
green
1 sentence2014Lo, 264 Wis. 2d 1, ¶44 . ¶36 In some instances, ineffective assistance of postconviction counsel may be a sufficient reason for failing to raise an available claim in an earlier motion or on direct appeal. | 1 | 2014–2014 |
State v. Allen
green
2 sentences2014Aaron Allen, 328 Wis. 2d 1, ¶85 ; see Balliette, 336 Wis. 2d 358, ¶62 . 2014Aaron Allen, 328 Wis. 2d 1, ¶ 85 ; see Balliette, 336 Wis. 2d 358, ¶ 62 . | 1 | 2014–2014 |
Prent Corp. v. Martek Holdings, Inc.
green
2 sentences2002In Prent Corp. v. Martek Holdings, Inc., 2000 WI App 194, ¶ 24 , 238 Wis. 2d 777 , 618 N.W.2d 201 , we emphasized that in Douglas-Hanson we carefully limited the available claim to intentional misrepresentations, and we applied the economic loss doctrine to bar a negligent misrepresentation that induced a contract. 2002In Prent Corp. v. Martek Holdings, Inc., 2000 WI App 194, ¶ 24 , 238 Wis. 2d 777 , 618 N.W.2d 201 , we emphasized that in Douglas-Hanson we carefully limited the available claim to intentional misrepresentations, and we applied the economic loss doctrine to bar a negligent misrepresentation that induced a contract. | 1 | 2002–2002 |
Ollerman v. O'Rourke Co., Inc.
green
2 sentences2002We see no reason to depart from our reasoning in Prent Corp. with respect to the Kailins1 claims for negligent misrepresentation or strict liability misrepresentation. 21 These are essentially the same elements for intentional misrepresentation as set forth in Ollerman v. O'Rourke Co., 94 Wis. 2d 17, 25 , 288 N.W.2d 95 (1980), phrased in the specific context of misrepresentations that induce a party to enter into a contract. 22 We observe that we have already concluded that the economic loss doctrine does not apply to fraudulent inducement claims. 2002We see no reason to depart from our reasoning in Prent Corp. with respect to the Kailins1 claims for negligent misrepresentation or strict liability misrepresentation. 21 These are essentially the same elements for intentional misrepresentation as set forth in Ollerman v. O'Rourke Co., 94 Wis. 2d 17, 25 , 288 N.W.2d 95 (1980), phrased in the specific context of misrepresentations that induce a party to enter into a contract. 22 We observe that we have already concluded that the economic loss doctrine does not apply to fraudulent inducement claims. | 1 | 2002–2002 |
Vivigen, Inc. v. Minzner
green
1 sentence1999The court noted that "the Supreme Court has decided 'that a claim of equitable recoupment will lie only where the *618 Government has taxed a single transaction, item, or taxable event under two inconsistent theories.'" Id. at 1387 (quoting United States v. Dalm, 494 U.S. 596 , 605-06 n.5 (1990)). | 1 | 1999–1999 |
United States v. Dalm
green
1 sentence1999The court noted that "the Supreme Court has decided 'that a claim of equitable recoupment will lie only where the *618 Government has taxed a single transaction, item, or taxable event under two inconsistent theories.'" Id. at 1387 (quoting United States v. Dalm, 494 U.S. 596 , 605-06 n.5 (1990)). | 1 | 1999–1999 |
Lee v. State
green
2 sentences1979Lee v. State, 65 Wis.2d 648, 655 , 223 N.W.2d 455 (1974). 1979Lee v. State, 65 Wis.2d 648, 655 , 223 N.W.2d 455 (1974). | 1 | 1979–1979 |
Langer v. Stegerwald Lumber Co.
green
2 sentences1959Langer v. Stegerwald Lumber Co. (1952), 262 Wis. 383, 385 , 55 N. W. (2d) 389 , 56 N. W. (2d) 512 , 36 A. L. 1959Langer v. Stegerwald Lumber Co. (1952), 262 Wis. 383, 385 , 55 N. W. (2d) 389 , 56 N. W. (2d) 512 , 36 A. L. | 1 | 1959–1959 |
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.