44 Wisconsin opinions name it 2 courts 1982–2025 6 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 |
|---|---|---|
Chiarella v. United Statesgreen2 sentences2013The quoted exchange occurs at 1:12:20. 5 Circuit courts have been cautioned against relying solely on a pattern jury instruction instead of fashioning a specific jury instruction: "Standard jury instructions are to assist the court but should not be used as a substitute for the court developing appropriate instructions relating to the specific facts of each case." Anderson v. Alfa-Laval Agri, Inc., 209 Wis. 2d 337, 345-46 , 564 N.W.2d 788 (Ct. App. 1997). 7 No. 2010AP2003-CR.awb Chiarella v. United States, 445 U.S. 222, 236 (1980). 2013The quoted exchange occurs at 1:12:20. 5 Circuit courts have been cautioned against relying solely on a pattern jury instruction instead of fashioning a specific jury instruction: "Standard jury instructions are to assist the court but should not be used as a substitute for the court developing appropriate instructions relating to the specific facts of each case." Anderson v. Alfa-Laval Agri, Inc., 209 Wis. 2d 337, 345-46 , 564 N.W.2d 788 (Ct. App. 1997). 7 No. 2010AP2003-CR.awb Chiarella v. United States, 445 U.S. 222, 236 (1980). | 2 | 2 |
State v. Ellingtongreen2 sentences2025State v. Ellington, 2005 WI App 243, ¶8 , 288 Wis. 2d 264 , 707 N.W.2d 907 . 2022“Relief is not warranted unless the court is ‘persuaded that the instructions, when viewed as a whole, misstated the law or misdirected the jury.’” Id. (emphasis added). ¶60 Here, the trial court chose to give the pattern jury instruction that specifically applies to the homicide crimes and self-defense assertions at issue here. | 1 | 3 |
State v. Headgreen2 sentences2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st 2004Specifically, he notes that the jury instruction entitled FIRST DEGREE INTENTIONAL HOMICIDE: SELF-DEFENSE: SECOND DEGREE INTENTIONAL HOMICIDE-§ 940.01(2)(b); § 940.05, has been changed as a result of the holding in State v. Head , 2002 WI 99 , 255 Wis. 2d 194 , 648 N.W.2d 413 . | 1 | 2 |
State v. Poellingergreen2 sentences1991See Poellinger, 153 Wis. 2d at 507 , 451 N.W.2d at 757-58 . *291 The third issue on appeal is whether the trial court abused its discretion in giving the pattern jury instruction on flight, Wis J I — Criminal 172. 1991See Poellinger, 153 Wis. 2d at 507 , 451 N.W.2d at 757-58 . *291 The third issue on appeal is whether the trial court abused its discretion in giving the pattern jury instruction on flight, Wis J I — Criminal 172. | 1 | 2 |
In re the Medical Incapacity of Jurgensengreen2 sentences1982It adds nothing to the meaning of the word “incapable.” We note that the pattern jury instruction as approved in Schulz, 102 Wis. 2d at 431 -32 n. 2, 307 N.W.2d at 156 -57 n. 2, indicates that the defense of intoxication is viable only when the defendant is “incapable of forming . . . the intent to kill . . . .” Id. 1982It adds nothing to the meaning of the word “incapable.” We note that the pattern jury instruction as approved in Schulz, 102 Wis. 2d at 431 -32 n. 2, 307 N.W.2d at 156 -57 n. 2, indicates that the defense of intoxication is viable only when the defendant is “incapable of forming . . . the intent to kill . . . .” Id. | 1 | 2 |
State v. Spraggingreen1 sentence2025Contrary to the pattern jury instruction for receiving stolen property, in Spraggin, our supreme court held that “[v]alue in the context of receiving stolen property is usually considered to mean ‘fair market value’ at the time of reception.” Spraggin, 71 Wis. 2d at 620 (citation omitted). | 1 | 1 |
State v. Gary M.B.green2 sentences2025Further, any prejudicial effect was mitigated by the pattern jury instruction informing the jury that counsels’ “arguments and conclusions and opinions” within closing arguments “are not evidence.” WIS JI—CRIMINAL 160 (2000); see also State v. Gary M.B., 2004 WI 33, ¶33 , 270 Wis. 2d 62 , 676 N.W.2d 475 (“When a circuit court gives a proper cautionary instruction, appellate courts presume that the jury followed that instruction and acted in accordance with the law.”). 2025Further, any prejudicial effect was mitigated by the pattern jury instruction informing the jury that counsels’ “arguments and conclusions and opinions” within closing arguments “are not evidence.” WIS JI—CRIMINAL 160 (2000); see also State v. Gary M.B., 2004 WI 33, ¶33 , 270 Wis. 2d 62 , 676 N.W.2d 475 (“When a circuit court gives a proper cautionary instruction, appellate courts presume that the jury followed that instruction and acted in accordance with the law.”). | 1 | 1 |
Tri-Tech Corp. of America v. Americomp Services, Inc.green2 sentences2023Indeed, they allege nothing more than general intent. 12 No. 2021AP1772-CR In support, he relies on Tri-Tech, 254 Wis. 2d 418 , and appears to argue that the supreme court in Tri-Tech changed the elements that were required to prove theft by contractor as well as the pattern jury instruction. ¶30 WISCONSIN JI—CRIMINAL 1443 (Feb. 2022)6 is the pattern jury instruction criminal theft by contractor. 2023See Tri-Tech, 254 Wis. 2d 418, ¶26 . ¶33 The Tri-Tech court, however, did not consider Sobkowiak or the pattern jury instruction. | 1 | 1 |
State v. Waalengreen2 sentences2019STAT. § 939.22(42) (1981-82).6 Waalen, 130 Wis. 2d at 21 . 2019Instead, the circuit court gave a prior version of the pattern jury instruction, which did not include the phrase “materially impaired” and was based on the jury instruction for “under the influence of an intoxicant” that had been “implicitly affirm[ed]” in City of Fond du Lac v. Hernandez, 42 Wis. 2d 473 , 167 N.W.2d 408 (1969).7 See Waalen, 130 Wis. 2d at 22, 26 . | 1 | 1 |
State v. Rogersgreen2 sentences2018See State v. Rogers , 196 Wis. 2d 817 , 827, 539 N.W.2d 897 (Ct. App. 1995) (appellate courts "will not ... blindside [circuit] courts with reversals based on theories which did not originate in their forum"); see also Bilda v. County of Milwaukee , 2006 WI App 57 , ¶20 n.7, 292 Wis. 2d 212 , 713 N.W.2d 661 ("It is a well-established rule that we do not consider arguments raised for the first time in a reply brief."). ¶13 However, we can also reject on the merits Smith's argument that the circuit court erred in relying on our decision in Below because Bartlett is not a decision about the patte 2018See State v. Rogers , 196 Wis. 2d 817 , 827, 539 N.W.2d 897 (Ct. App. 1995) (appellate courts "will not ... blindside [circuit] courts with reversals based on theories which did not originate in their forum"); see also Bilda v. County of Milwaukee , 2006 WI App 57 , ¶20 n.7, 292 Wis. 2d 212 , 713 N.W.2d 661 ("It is a well-established rule that we do not consider arguments raised for the first time in a reply brief."). ¶13 However, we can also reject on the merits Smith's argument that the circuit court erred in relying on our decision in Below because Bartlett is not a decision about the patte | 1 | 1 |
Bilda v. County of Milwaukeegreen2 sentences2018See State v. Rogers , 196 Wis. 2d 817 , 827, 539 N.W.2d 897 (Ct. App. 1995) (appellate courts "will not ... blindside [circuit] courts with reversals based on theories which did not originate in their forum"); see also Bilda v. County of Milwaukee , 2006 WI App 57 , ¶20 n.7, 292 Wis. 2d 212 , 713 N.W.2d 661 ("It is a well-established rule that we do not consider arguments raised for the first time in a reply brief."). ¶13 However, we can also reject on the merits Smith's argument that the circuit court erred in relying on our decision in Below because Bartlett is not a decision about the patte 2018See State v. Rogers , 196 Wis. 2d 817 , 827, 539 N.W.2d 897 (Ct. App. 1995) (appellate courts "will not ... blindside [circuit] courts with reversals based on theories which did not originate in their forum"); see also Bilda v. County of Milwaukee , 2006 WI App 57 , ¶20 n.7, 292 Wis. 2d 212 , 713 N.W.2d 661 ("It is a well-established rule that we do not consider arguments raised for the first time in a reply brief."). ¶13 However, we can also reject on the merits Smith's argument that the circuit court erred in relying on our decision in Below because Bartlett is not a decision about the patte | 1 | 1 |
In RE MARRIAGE OF COOK v. Cookgreen2 sentences2018See Cook v. Cook , 208 Wis. 2d 166 , 189, 560 N.W.2d 246 (1997) (stating that "only the supreme court ... has the power to overrule, modify or withdraw language from a published opinion of the court of appeals."). 2018See Cook v. Cook , 208 Wis. 2d 166 , 189, 560 N.W.2d 246 (1997) (stating that "only the supreme court ... has the power to overrule, modify or withdraw language from a published opinion of the court of appeals."). | 1 | 1 |
| Maichle v. Jonovicgreen | 1 | 1 |
| Wisconsin v. Laxtongreen | 1 | 1 |
| State v. Pettitgreen | 1 | 1 |
| United States v. Charles Eldon Gould, United States of America v. Joseph Patrick Careygreen | 1 | 1 |
| Sumnicht v. Toyota Motor Sales, U.S.A., Inc.green | 1 | 1 |
| State v. Zanelligreen | 1 | 1 |
| State v. Kelleygreen | 1 | 1 |
| Hedger v. Stategreen | 1 | 1 |
| Neas v. Siemensgreen | 1 | 1 |
| State v. Beetsgreen | 1 | 1 |
| Hawthorne v. Stategreen | 1 | 1 |
| United States v. Dale J. Scottgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| State v. Curielgreen | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
State v. Courtney
green
2 sentences2013The circuit court's instruction followed Wis-JI Criminal 100 (2000), a pattern jury instruction that is regularly given in criminal trials throughout the state. 8 No. 2010AP2003-CR.awb ¶73 In State v. Courtney, 74 Wis. 2d 705 , 247 N.W.2d 714 (1976), the court conducted a sufficiency of the evidence analysis against a jury instruction even when the jury instruction added an element to the offense. 2013The circuit court's instruction followed Wis-JI Criminal 100 (2000), a pattern jury instruction that is regularly given in criminal trials throughout the state. 8 No. 2010AP2003-CR.awb ¶73 In State v. Courtney, 74 Wis. 2d 705 , 247 N.W.2d 714 (1976), the court conducted a sufficiency of the evidence analysis against a jury instruction even when the jury instruction added an element to the offense. | 2 | 2013–2013 |
Anderson Ex Rel. Skow v. Alfa-Laval Agri, Inc.
green
2 sentences2013Circuit courts have been cautioned against relying solely on a pattern jury instruction instead of fashioning a specific jury instruction: "Standard jury instructions are to assist the court but should not be used as a substitute for the court developing appropriate instructions relating to the specific facts of each case.” Anderson v. Alfa-Laval Agri, Inc., 209 Wis. 2d 337, 345-46 , 564 N.W.2d 788 (Ct. App. 1997). 2013Circuit courts have been cautioned against relying solely on a pattern jury instruction instead of fashioning a specific jury instruction: "Standard jury instructions are to assist the court but should not be used as a substitute for the court developing appropriate instructions relating to the specific facts of each case.” Anderson v. Alfa-Laval Agri, Inc., 209 Wis. 2d 337, 345-46 , 564 N.W.2d 788 (Ct. App. 1997). | 2 | 2013–2013 |
State v. Schulz
green
2 sentences1982It adds nothing to the meaning of the word “incapable.” We note that the pattern jury instruction as approved in Schulz, 102 Wis. 2d at 431 -32 n. 2, 307 N.W.2d at 156 -57 n. 2, indicates that the defense of intoxication is viable only when the defendant is “incapable of forming . . . the intent to kill . . . .” Id. 1982The matter of allocation of burdens of proof is a legal subject of some complexity that is not dispelled by a claim of implication unsupported by verbiage other than the word “defense." We also note that the term “defense" is used twice in the pattern jury instruction, Wis J I — Criminal 765, Part I, approved by our supreme court in Schulz, supra, 102 Wis. 2d at 431 n. 2, 307 N.W.2d at 156, n. 2 . | 2 | 1982–1982 |
Wisconsin v. Sanders
green
1 sentence2023We will uphold jury instructions where, considering the proceedings as a whole, they adequately give the jury the appropriate legal principles despite not being “phrased with the precision of a mathematical formula.” Id. ¶33 Here, the circuit court instructed the jury that the first element of the offense required proof that Ross “intentionally took and carried away or transferred property of another.” Although the pattern jury instruction includes the word “movable” and defines the meaning of “movable property,” see WIS JI— CRIMINAL 1441 (2022), the court omitted those parts of the instructio | 1 | 2023–2023 |
Smith v. Goshaw
green
2 sentences2023The trial court “has broad discretion to craft jury instructions based upon the facts and circumstances of the case.” Smith v. Goshaw, 2019 WI App 23, ¶9 , 387 Wis. 2d 620 , 928 N.W.2d 619 . 2023The trial court “has broad discretion to craft jury instructions based upon the facts and circumstances of the case.” Smith v. Goshaw, 2019 WI App 23, ¶9 , 387 Wis. 2d 620 , 928 N.W.2d 619 . | 1 | 2023–2023 |
State v. Howell
green
2 sentences2023“Bangert and its progeny govern the circuit court at plea colloquies.” State v. Howell, 2007 WI 75, ¶26 , 301 Wis. 2d 350 , 734 N.W.2d 48 . 2023Similar to WIS JI—CRIMINAL 1443, this pattern jury instruction also contains the required criminal intent element: 9 Nelson v. State, 54 Wis. 2d 489 , 195 N.W.2d 629 (1972) and State v. Bentley, 201 Wis. 2d 303 , 548 N.W.2d 50 (1996). “[A] defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy, like ineffective assistance of counsel or coercion, renders a plea infirm.” Howell, 301 Wis. 2d 350, ¶74 . | 1 | 2023–2023 |
State v. Bangert
green
2 sentences2023Similar to his argument in the preceding section, he contends the charging documents as well as the pattern jury instruction used during his plea colloquy did not contain the specific allegation or the material element that “the defendant used the money with the intent to convert it to his own use.” As such, he contends the plea colloquy was deficient (a Bangert8 violation) and that his 8 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). 2023Similar to his argument in the preceding section, he contends the charging documents as well as the pattern jury instruction used during his plea colloquy did not contain the specific allegation or the material element that “the defendant used the money with the intent to convert it to his own use.” As such, he contends the plea colloquy was deficient (a Bangert8 violation) and that his 8 State v. Bangert, 131 Wis. 2d 246 , 389 N.W.2d 12 (1986). | 1 | 2023–2023 |
State v. Bentley
green
2 sentences2023Similar to WIS JI—CRIMINAL 1443, this pattern jury instruction also contains the required criminal intent element: 9 Nelson v. State, 54 Wis. 2d 489 , 195 N.W.2d 629 (1972) and State v. Bentley, 201 Wis. 2d 303 , 548 N.W.2d 50 (1996). “[A] defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy, like ineffective assistance of counsel or coercion, renders a plea infirm.” Howell, 301 Wis. 2d 350, ¶74 . 2023Similar to WIS JI—CRIMINAL 1443, this pattern jury instruction also contains the required criminal intent element: 9 Nelson v. State, 54 Wis. 2d 489 , 195 N.W.2d 629 (1972) and State v. Bentley, 201 Wis. 2d 303 , 548 N.W.2d 50 (1996). “[A] defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy, like ineffective assistance of counsel or coercion, renders a plea infirm.” Howell, 301 Wis. 2d 350, ¶74 . | 1 | 2023–2023 |
Nelson v. State
green
2 sentences2023Similar to WIS JI—CRIMINAL 1443, this pattern jury instruction also contains the required criminal intent element: 9 Nelson v. State, 54 Wis. 2d 489 , 195 N.W.2d 629 (1972) and State v. Bentley, 201 Wis. 2d 303 , 548 N.W.2d 50 (1996). “[A] defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy, like ineffective assistance of counsel or coercion, renders a plea infirm.” Howell, 301 Wis. 2d 350, ¶74 . 2023Similar to WIS JI—CRIMINAL 1443, this pattern jury instruction also contains the required criminal intent element: 9 Nelson v. State, 54 Wis. 2d 489 , 195 N.W.2d 629 (1972) and State v. Bentley, 201 Wis. 2d 303 , 548 N.W.2d 50 (1996). “[A] defendant invokes Nelson/Bentley when the defendant alleges that some factor extrinsic to the plea colloquy, like ineffective assistance of counsel or coercion, renders a plea infirm.” Howell, 301 Wis. 2d 350, ¶74 . | 1 | 2023–2023 |
Peters v. State
green
1 sentence2020“Such a cautionary instruction must be given in clear and certain terms, because otherwise there is a strong likelihood that the jury will regard the evidence on the obstructing-an-officer count as sufficient in itself to find the defendant guilty of burglary.” Id. at 32 . ¶41 In response to Peters, a pattern jury instruction was created to alert juries that the verdict for one crime must not affect its verdict on the other. | 1 | 2020–2020 |
City of Fond Du Lac v. Hernandez
green
2 sentences2019Instead, the circuit court gave a prior version of the pattern jury instruction, which did not include the phrase “materially impaired” and was based on the jury instruction for “under the influence of an intoxicant” that had been “implicitly affirm[ed]” in City of Fond du Lac v. Hernandez, 42 Wis. 2d 473 , 167 N.W.2d 408 (1969).7 See Waalen, 130 Wis. 2d at 22, 26 . 2019Instead, the circuit court gave a prior version of the pattern jury instruction, which did not include the phrase “materially impaired” and was based on the jury instruction for “under the influence of an intoxicant” that had been “implicitly affirm[ed]” in City of Fond du Lac v. Hernandez, 42 Wis. 2d 473 , 167 N.W.2d 408 (1969).7 See Waalen, 130 Wis. 2d at 22, 26 . | 1 | 2019–2019 |
State v. Wille
green
2 sentences2018Because the circuit court in the present case determined that it was bound by Below and not Burrage , it concluded that the substantial factor instruction was sufficient. ¶8 "Our review of the [circuit] court's jury instructions is deferential; we inquire only whether the [circuit] court misused its broad discretion in instructing the jury." State v. Wille , 2007 WI App 27 , ¶23, 299 Wis. 2d 531 , 728 N.W.2d 343 . ¶9 On appeal, Smith's opening brief focuses entirely on the argument that the United States Supreme Court's decision in Burrage requires us to revisit the substantial factor language 2018Because the circuit court in the present case determined that it was bound by Below and not Burrage , it concluded that the substantial factor instruction was sufficient. ¶8 "Our review of the [circuit] court's jury instructions is deferential; we inquire only whether the [circuit] court misused its broad discretion in instructing the jury." State v. Wille , 2007 WI App 27 , ¶23, 299 Wis. 2d 531 , 728 N.W.2d 343 . ¶9 On appeal, Smith's opening brief focuses entirely on the argument that the United States Supreme Court's decision in Burrage requires us to revisit the substantial factor language | 1 | 2018–2018 |
State v. Maloney
green
2 sentences2018We further agree with the State that "an attorney is not liable for an error of judgment on an unsettled proposition of law." State v. Maloney , 2005 WI 74 , ¶ 23, 281 Wis. 2d 595 , 698 N.W.2d 583 (internal punctuation and citation omitted). ¶ 16 In sum, trial counsel accurately informed Kupsky the pattern jury instruction provided that the jury would be informed of the nature of the offense for which he was released on bond. 2018We further agree with the State that "an attorney is not liable for an error of judgment on an unsettled proposition of law." State v. Maloney , 2005 WI 74 , ¶ 23, 281 Wis. 2d 595 , 698 N.W.2d 583 (internal punctuation and citation omitted). ¶ 16 In sum, trial counsel accurately informed Kupsky the pattern jury instruction provided that the jury would be informed of the nature of the offense for which he was released on bond. | 1 | 2018–2018 |
Burrage v. United States
green
1 sentence2018Instead, Smith relied on a decision from the United States Supreme Court, Burrage v. United States , 571 U.S. 204 , 206 (2014), which also involved a heroin addict who died after purchasing heroin from the defendant. | 1 | 2018–2018 |
Ross v. State
green
2 sentences2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st 2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st | 1 | 2017–2017 |
State v. Coleman
green
2 sentences2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st 2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st | 1 | 2017–2017 |
| State v. Dix green | 1 | 2017–2017 |
| State v. Vick green | 1 | 2017–2017 |
Johnson v. State
green
2 sentences2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st 2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st | 1 | 2017–2017 |
State v. Mendoza
green
2 sentences2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st 2017State v. Coleman, 206 Wis. 2d 199, 212 , 556 N.W.2d 701 (1996).10 The circuit court must, however, exercise its discretion in order "to fully and fairly inform the jury of the rules of law applicable to the case and to assist the jury in making a reasonable analysis of the evidence." State v. Vick, 104 Wis. 2d 678, 690 , 312 N.W.2d 489 (1981) (quoting State v. Dix, 86 Wis. 2d 474, 486 , 273 N.W.2d 250 (1979)). ¶13 A court must determine whether a reasonable construction of the evidence will support the defendant's theory "viewed in the most favorable light it will 'reasonably admit from the st | 1 | 2017–2017 |
| State v. Lohmeier green | 1 | 2011–2011 |
| Waddington v. Sarausad green | 1 | 2011–2011 |
| State v. Jensen green | 1 | 2011–2011 |
| State v. Polashek green | 1 | 2011–2011 |
| State v. Haseltine green | 1 | 2009–2009 |
| State v. Wolter green | 1 | 2006–2006 |
| State v. Olson green | 1 | 2005–2005 |
| Nashban Barrel & Container Co. v. G. G. Parsons Trucking Co. green | 1 | 2004–2004 |
| Krueger v. Steffen green | 1 | 2004–2004 |
| Kim v. American Family Mutual Insurance green | 1 | 2004–2004 |
| State v. Escalona-Naranjo green | 1 | 2004–2004 |
| Kansas v. Hendricks green | 1 | 2002–2002 |
| Bankert Ex Rel. Habush v. Threshermen's Mutual Ins. green | 1 | 2002–2002 |
| McMorris v. State green | 1 | 1999–1999 |
| State v. Herriges green | 1 | 1999–1999 |
| Miller v. State green | 1 | 1999–1999 |
| State v. Post green | 1 | 1998–1998 |
| State v. Lohmeier red | 1 | 1996–1996 |
| Elliott v. Donahue green | 1 | 1996–1996 |
| Wright v. Williams green | 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.