Notes of Decisions
Cited in
34
cases (
6 in the last 5 years), 1978–2026 · leading case:
State v. Burke, 451 N.W.2d 739 (Wis. 1990).
State v. Burke, 451 N.W.2d 739 (Wis. 1990).
· cites it 44× “[1] The issue is whether a prosecutor may, pursuant to sec. 971.01(1), Stats. 1987-88, include in an information charges for which there was no direct evidence presented at the preliminary examination.”
State v. Akins, 544 N.W.2d 392 (Wis. 1996).
· cites it 16× “We hold that prosecutors, in properly exercising their broad charging discretion under Wis. Stat. § 971.01 (1), may file any charge in the information as long as it is transactionally related to a count on which bind over was ordered.”
State v. Michels, 414 N.W.2d 311 (Wis. Ct. App. 1987).
· cites it 5× “Consequently, the charge was properly filed under sec. 971.01, Stats., and Michels is in the same position as if a preliminary hearing had been held on the second-degree murder charge as well.”
State v. Martin, 470 N.W.2d 900 (Wis. 1991).
· cites it 4× “Section 971.01(2), Stats. A misdemeanor trial must be commenced within sixty days from the defendant's initial appearance, and felony trials must begin within ninety days from the date trial is demanded in writing or on the record.”
State v. Richer, 496 N.W.2d 66 (Wis. 1993).
· cites it 6× “Richer argues that pursuant to sec. 971.01, Stats., the state may include counts in the information only "according to the evidence" adduced at the preliminary hearing.”
People v. Saez, 237 Cal. App. 4th 1177 (Cal. Ct. App. 2015).
· cites it 2× “) As in California, “[t]he complaint is the initial charging document in a felony case and precedes the information.” (9 Wis.”
State v. Williams, 544 N.W.2d 400 (Wis. 1996).
· cites it 4× “(1) The district attorney shall examine all facts and circumstances connected with any preliminary examination touching the commission of any crime if the defendant has been bound over for trial and, subject to s. 970.03 (10), shall file an information according to the evidence…”
State v. Hooper, 305 N.W.2d 110 (Wis. 1981).
· cites it 3× “Citing sec. 971.01, Stats., and Mark, supra, this court held: „ “A district attorney is permitted to file an information containing such charges as the facts adduced at the preliminary examination warrant.”
State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993).
· cites it 6× “She argues that she must expressly agree to a waiver of the sec. 971.01(2), Stats., thirty-day filing requirement.”
State v. Crockett, 2001 WI App 235 (Wis. Ct. App. 2001).
· cites it 2× “In November 1997, Crockett filed a second motion in the trial court, this time alleging that the trial court lacked jurisdiction to sentence him because the State failed to file an information as required by Wis. Stat. § 971.01 (2) (1991-92). The trial court denied this motion.”
State v. Williams, 544 N.W.2d 406 (Wis. 1996).
· cites it 2× “§ 971.01(1) states in relevant part: "The district attorney shall examine all facts and circumstances connected with any preliminary examination .”
— Wis. Stat. § 971.01(1) — 11 cases
State v. Burke, 451 N.W.2d 739 (Wis. 1990).
“[1] The issue is whether a prosecutor may, pursuant to sec. 971.01(1), Stats. 1987-88, include in an information charges for which there was no direct evidence presented at the preliminary examination.”
State v. Michels, 414 N.W.2d 311 (Wis. Ct. App. 1987).
“Consequently, the charge was properly filed under sec. 971.01, Stats., and Michels is in the same position as if a preliminary hearing had been held on the second-degree murder charge as well.”
State v. Williams, 544 N.W.2d 406 (Wis. 1996).
“§ 971.01(1) states in relevant part: "The district attorney shall examine all facts and circumstances connected with any preliminary examination .”
State v. Akins, 544 N.W.2d 392 (Wis. 1996).
“We hold that prosecutors, in properly exercising their broad charging discretion under Wis. Stat. § 971.01 (1), may file any charge in the information as long as it is transactionally related to a count on which bind over was ordered.”
State v. Hooper, 305 N.W.2d 110 (Wis. 1981).
“Citing sec. 971.01, Stats., and Mark, supra, this court held: „ “A district attorney is permitted to file an information containing such charges as the facts adduced at the preliminary examination warrant.”
— Wis. Stat. § 971.01(1)(d) — 1 case
— Wis. Stat. § 971.01(2) — 10 cases
State v. Martin, 470 N.W.2d 900 (Wis. 1991).
“Section 971.01(2), Stats. A misdemeanor trial must be commenced within sixty days from the defendant's initial appearance, and felony trials must begin within ninety days from the date trial is demanded in writing or on the record.”
State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993).
“She argues that she must expressly agree to a waiver of the sec. 971.01(2), Stats., thirty-day filing requirement.”
State v. Michels, 414 N.W.2d 311 (Wis. Ct. App. 1987).
“Consequently, the charge was properly filed under sec. 971.01, Stats., and Michels is in the same position as if a preliminary hearing had been held on the second-degree murder charge as well.”
— Wis. Stat. § 971.01(l)(d) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
