Madison v. State

7 Citing cases

  1. State v. Mosley

    102 Wis. 2d 636 (Wis. 1981)   Cited 97 times   3 Legal Analyses
    Holding that, if appointed counsel determines that a discretionary petition to the state supreme court has no arguable merit, the attorney need not file the petition but must still explain the reasons to the defendant to assist the defendant in preparing a list of pro se reasons for review

    We have previously observed that sec. 971.31(2), Stats., serves a legitimate state interest in providing an expedient and efficient means of culling out inadmissible evidence, "and its purpose should not be frustrated by exceptions and second guesses." Day v. State, 52 Wis.2d 122, 123-24 (1971); see also Madison v. State, 64 Wis.2d 564, 219 N.W.2d 259 (1974). In both cases we held that objections not made were waived and would not be reviewed, and there was no basis in the interests of justice for making an exception.

  2. Maclin v. State

    92 Wis. 2d 323 (Wis. 1979)   Cited 34 times

    The rule stated in Bradley has been consistently followed by this court. See: State v. Doyle, 40 Wis.2d 461, 465, 162 N.W.2d 60 (1968); Flowers v. State, 43 Wis.2d 352, 362-63, 168 N.W.2d 843 (1969); State v. Clarke, 49 Wis.2d 161, 174, 181 N.W.2d 355 (1970); State v. McDonald, 50 Wis.2d 534, 537-39, 184 N.W.2d 886 (1971); State v. Trailer Service, Inc., 61 Wis.2d 400, 408, 409, 212 N.W.2d 683 (1973); Madison v. State, 64 Wis.2d 564, 571-73, 219 N.W.2d 259 (1974); State v. Lambert, 68 Wis.2d 523, 533, 229 N.W.2d 622 (1975); Ramaker v. State, 73 Wis.2d 563, 570, 243 N.W.2d 534 (1976); State v. Williamson, 84 Wis.2d 370, 379, 267 N.W.2d 337 (1978). A like rule has been applied in the federal courts:

  3. State v. Williamson

    84 Wis. 2d 370 (Wis. 1978)   Cited 86 times   5 Legal Analyses
    Stating that evidence which is relevant to provide bias "must also satisfy sec. 904.03, Stats., requiring the trial court to weigh the probative effect of the evidence against its prejudicial effect"

    Bradley v. State, 36 Wis.2d 345, 359-59a, 153 N.W.2d 38, 155 N.W.2d 564 (1967); Ramaker v. State, 73 Wis.2d 563, 570, 243 N.W.2d 534 (1976). However, this court has applied this rule only to evidentiary errors which have a direct constitutional basis, such as the admission of evidence derived from an illegal search and seizure, State v. Morales, 51 Wis.2d 650, 187 N.W.2d 841 (1971); illegal identification testimony, Madison v. State, 64 Wis.2d 564, 573, 219 N.W.2d 259 (1974); involuntary self-incriminating statements, State v. Johnson, 60 Wis.2d 334, 343, 210 N.W.2d 735 (1973); use of ex parte evidence, Ramaker v. State, supra. The failure to supply a factual predicate to a leading question is of constitutional dimension only in the sense that, if prejudicial, it denied the defendant a fair trial.

  4. In re Estate of Jones

    247 N.W.2d 168 (Wis. 1976)   Cited 20 times

    Estate of Lambert, 252 Wis. 117, 123, 31 N.W.2d 163, 166 (1948). See also: Madison v. State, 64 Wis.2d 564, 570, 219 N.W.2d 259, 262 (1974), holding: ". . . the judgment of an appellate court is not to be substituted for that of the trier of fact unless the evidence is inherently or patently incredible."By the Court.

  5. State v. Burrows

    2019 WI App. 5 (Wis. Ct. App. 2018)   Cited 2 times

    See Wis. Stat. § 971.31(2). Even if Burrows had raised the objection below or if we elected to consider the error, see Madison v. State , 64 Wis. 2d 564, 573, 219 N.W.2d 259 (1974), on appeal he does not develop any substantive argument for this challenge, see State v. Pettit , 171 Wis. 2d 627, 646-47, 492 N.W.2d 633 (Ct. App. 1992).To the extent we have not addressed an argument raised by Burrows on appeal, the argument is deemed rejected.

  6. Mills v. Com

    52 Va. App. 214 (Va. Ct. App. 2008)   Cited 3 times
    Dragging victim over thirty feet after victim resisted the taking constituted violence for robbery conviction

    She was dragged 6 to 8 feet along the platform, suffering bruises and abrasions, before she let go of her bag." A conviction for robbery was affirmed in Madison v. State, 64 Wis.2d 564, 219 N.W.2d 259, 260, 261-52 (1974), where the defendant "attempted to pull away her purse. She held tightly and the defendant pulled her around on the street until the link holding the strap broke, and the defendant fled with her purse.

  7. State v. Britt

    Case No. 96-0085-CR (Wis. Ct. App. Nov. 5, 1996)

    The record indicates, however, that Britt never filed a motion to suppress prior to the entry of his plea; therefore, this issue was waived. See § 971.31(2), Stats.; Madison v.State, 64 Wis.2d 564, 572-573, 219 N.W.2d 259, 262-263 (1974) (a claim of a constitutional right will be deemed waived unless timely raised in the trial court).