Legal Opinion

State v. Davis

Wisconsin Supreme Court

Decided April 2, 1974No. State 125PublishedCited by 13 opinions

1Opinion of the CourtHanley, J.

The primary issue presented on this appeal is whether the good-faith advice of governmental counsel when said counsel is authorized or required to give said legal opinion is a defense to criminal action resulting from defendant’s good-faith reliance thereupon.

The defendant contends that the advice and direction of governmental counsel bars prosecution in the instant action. The basis of said contention is that the defendant, prior to the actions herein in question, sought the advice and counsel of the corporation counsel for Marathon county and the assistant district attorney for Portage…

2Cases cited4 opinions

  1. Hopkins v. StateCourt of Appeals of Maryland · 1949
  2. Bissell Lumber Co. v. Northwestern Casualty & Surety Co.Wisconsin Supreme Court · 1926
  3. Reetz v. KitchWisconsin Supreme Court · 1939
  4. Washington County v. GrothWisconsin Supreme Court · 1929

3Cited by13 opinions

  1. United States v. Bernard L. Barker, United States of America v. Eugenio R. MartinezCourt of Appeals for the D.C. Circuit · 1976
  2. Wisconsin's Environmental Decade, Inc. v. Public Service CommissionWisconsin Supreme Court · 1975
  3. State v. StoehrWisconsin Supreme Court · 1986
  4. Miller Aviation v. Milwaukee County Board of SupervisorsCourt of Appeals for the Seventh Circuit · 2001
  5. State v. PaulsenSupreme Court of Iowa · 1980

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