Legal Opinion

Schultz v. State

Wisconsin Supreme Court

Decided April 5, 1978No. 76-208-CRPublishedCited by 16 opinions

1Opinion of the CourtHanley, J.

Three issues are presented on this appeal:

1. Did the trial court usurp the prosecutorial function during the course of the trial ?

2. Was the defendant’s statement admissible at trial?

3. Was the evidence sufficient to sustain the verdict?

Judicial Usurpation of Prosecutorial Functions

The defendant contends that the trial court coached the prosecuting attorney and otherwise improperly assumed an adversarial role. The defendant lists fourteen incidents to support this argument which are grouped by the state as follows: first, the court’s sua sponte interrogation of witnesses; second, the court’s…

2Cases cited20 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Opper v. United StatesSupreme Court of the United States · 1954
  3. State Ex Rel. Goodchild v. BurkeWisconsin Supreme Court · 1965
  4. United States v. Hayward Leslie BrownCourt of Appeals for the Sixth Circuit · 1977
  5. State v. NutleyWisconsin Supreme Court · 1964

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. ParkerSupreme Court of North Carolina · 1985
  2. DeJesus v. StateSupreme Court of Delaware · 1995
  3. City of Sun Prairie v. DavisWisconsin Supreme Court · 1999
  4. State v. CarprueWisconsin Supreme Court · 2004
  5. State v. SantiagoWisconsin Supreme Court · 1996

11 more not listed; retrieve them via the Exa API.

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