Wisconsin Supreme Court Decisions 2012
Date: December 27, 2012
Citation: 2012 WI 125
Docket Number: 2011AP000984-D
Date: December 19, 2012
Citation: 2012 WI 124
Docket Number: 2011AP000659-D
Date: December 18, 2012
Citation: 2012 WI 123
Docket Number: 2012AP001654-D
Date: December 4, 2012
Citation: 2012 WI 121
Docket Numbers: 2010AP002527-D, 2011AP001816-D
Date: November 30, 2012
Citation: 2012 WI 120
Docket Number: 2010AP002525-D
Date: November 29, 2012
Citation: 2012 WI 119
Docket Number: 2011AP002962-D
Date: November 27, 2012
Citation: 2012 WI 118
Docket Number: 2011AP000277-D
Date: November 21, 2012
Citation: 2012 WI 116
Docket Number: 2012AP000093-D
Date: November 21, 2012
Citation: 2012 WI 117
Docket Number: 2012AP000360-D
Date: October 10, 2012
Citation: 2012 WI 110
Docket Number: 2012AP001395-D
Date: October 9, 2012
Citation: 2012 WI 109
Docket Number: 2012AP001044-D
Date: September 25, 2012
Citation: 2012 WI 108
Docket Number: 2012AP001326-D
Date: August 17, 2012
Citation: 2012 WI 105
Docket Number: 2011AP002537-D
Date: August 10, 2012
Citation: 2012 WI 104
Docket Number: 2012AP000566-J
Date: July 27, 2012
Citation: 2012 WI 102
Docket Number: 2004AP002767-D
Date: July 27, 2012
Citation: 2012 WI 103
Docket Number: 2012AP000566-J
Date: July 19, 2012
Citation: 2012 WI 101
Docket Number: 2011AP002736-D
Date: July 18, 2012
Citation: 2012 WI 100
Docket Number: 2011AP000737-D
Date: July 17, 2012
Citation: 2012 WI 98
Docket Number: 2010AP000342
Justia Opinion Summary: The circuit court dismissed the inverse condemnation claims of several landowners whose property was close or immediately adjacent to the regional airport. The landowners alleged that an extension of the airports runway…
Date: July 17, 2012
Citation: 2012 WI 99
Docket Number: 2010AP002801-CR
Justia Opinion Summary: Defendant pleaded no contest to three felonies on the morning of a scheduled trial in which he was facing six felony charges. As part of the plea bargain, the State agreed to dismiss three felony charges, but there was…
Date: July 13, 2012
Citation: 2012 WI 97
Docket Number: 2009AP002057-CR
Justia Opinion Summary: The circuit court suppressed an incriminating statement that Defendant made to police during custodial interrogation. The court of appeals reversed, holding that even though Defendant invoked his right to counsel during…
Date: July 13, 2012
Citation: 2012 WI 95
Docket Number: 2009AP002907-CR
Justia Opinion Summary: Defendant appealed his convictions of four counts of child enticement after the circuit court declined to suppress an incriminating statement Defendant made to police officers who were conducting a follow up…
Date: July 13, 2012
Citation: 2012 WI 96
Docket Number: 2010AP000505-CR
Justia Opinion Summary: Defendant was found guilty by a jury of one count of possession of a firearm by a felon and one count of carrying a concealed weapon. The court of appeals affirmed. The Supreme Court affirmed, holding (1) because…
Date: July 12, 2012
Citation: 2012 WI 90
Docket Number: 2009AP001505-CR
Justia Opinion Summary: Defendant was convicted of first-degree sexual assault of a child under the age of thirteen without great bodily harm. Following Defendant's conviction, all the principals in this case learned that Defendant was subject…
Date: July 12, 2012
Citation: 2012 WI 91
Docket Number: 2010AP001192-CR
Justia Opinion Summary: Defendant was charged with being a party to the crime of possession with intent to deliver more than 10,000 grams of THC. Smith stipulated to the fact that the packages seized by the police contained more than 10,000…
Date: July 12, 2012
Citation: 2012 WI 92
Docket Number: 2010AP001702
Justia Opinion Summary: In 1992, Defendant pleaded guilty to one count of second-degree sexual assault of a person under the age of sixteen years. Nearly eighteen years after his conviction, Defendant moved to withdraw his guilty plea, basing…
Date: July 12, 2012
Citation: 2012 WI 93
Docket Number: 2010AP002273-CR
Justia Opinion Summary: Defendant pled guilty to second-degree recklessly endangering safety with a deadly weapon. Defendant moved for postconviction relief wherein he sought to withdraw his guilty plea and to vacate the judgment, asserting…
Date: July 12, 2012
Citation: 2012 WI 94
Docket Number: 2010AP002705
Justia Opinion Summary: Plaintiff filed a complaint against St. Patrick Congregation, alleging that her employment was terminated for an improper reason. The circuit court dismissed Plaintiff's complaint, concluding that because St. Patrick was…
Date: July 11, 2012
Citation: 2012 WI 85
Docket Number: 2006AP000396
Justia Opinion Summary: The Town of Magnolia granted an application for a livestock facility siting permit submitted by Larson Acres, Inc., but imposed several conditions on the permit. The State Livestock Facilities Siting Review Board…
Date: July 11, 2012
Citation: 2012 WI 86
Docket Number: 2009AP002795
Justia Opinion Summary: In this case the Supreme Court was asked to decide whether a charitable hospital may pursue payment for medical care provided to a Medicaid-eligible patient by filing a lien against a settlement between the patient and…
Date: July 11, 2012
Citation: 2012 WI 87
Docket Number: 2010AP000878
Justia Opinion Summary: The two plaintiffs in this case, Wisconsin Public Service Corporation (WPSC) and Associated Electric & Gas Insurance Services Limited (AEGIS), brought suit against the defendant, Arby Construction, Inc. (Arby), for…
Date: July 11, 2012
Citation: 2012 WI 88
Docket Number: 2010AP002533
Justia Opinion Summary: This case concerned a circuit court's order to transfer to a tribal court a civil suit that was brought against a tribally owned entity by a nonmember of the tribe. The question before the Supreme Court was whether the…
Date: July 11, 2012
Citation: 2012 WI 89
Docket Number: 2010AP002762
Justia Opinion Summary: At issue in this case was whether the Public Service Commission of Wisconsin (PSC) correctly concluded the Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility…
Date: July 10, 2012
Citation: 2012 WI 83
Docket Number: 2005AP002110-D
Date: July 10, 2012
Citation: 2012 WI 84
Docket Number: 2011AP000989-D
Date: July 5, 2012
Citation: 2012 WI 75
Docket Number: 2009AP002752
Justia Opinion Summary: This case arose from a fatal motorcycle accident in which Steven Wadzinski was struck and killed by an uninsured motorist. Steven's wife, Michelle, sought uninsured motorist (UM) coverage under an umbrella insurance…
Date: July 5, 2012
Citation: 2012 WI 76
Docket Number: 2010AP002900
Justia Opinion Summary: The Town of Dell Prairie, in renewing the Class "B" and "Class B" alcohol beverages licenses (hereinafter "license") of Wisconsin Dolls, reduced the described premises of the license from the entire eight acres of…
Date: July 3, 2012
Citation: 2012 WI 73
Docket Number: 2010AP002514-CR
Justia Opinion Summary: A jury found Defendant guilty of several crimes stemming from allegations involving four teenage girls. Defendant appealed, challenging his conviction on four grounds. The Supreme Court affirmed the judgment of the…
Date: July 2, 2012
Citation: 2012 WI 74
Docket Number: 2010AP000826
Date: June 29, 2012
Citation: 2012 WI 70
Docket Number: 2010AP000491
Justia Opinion Summary: The questions before the Supreme Court in this case stemmed from damages sustained because of food contaminated by E. coli pathogens at two Sizzler Steak House restaurants. The plaintiffs in the underlying actions…
Date: June 29, 2012
Citation: 2012 WI 72
Docket Number: 2010AP001155
Justia Opinion Summary: At issue in these two consolidated appeals was whether Wis. Stat. 980 requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of…
Date: June 29, 2012
Citation: 2012 WI 71
Docket Number: 2010AP001523-D
Date: June 28, 2012
Citation: 2012 WI 67
Docket Number: 2010AP000258
Justia Opinion Summary: After William Weborg died of severe coronary artery disease, his wife and their minor sons (collectively, the Weborgs) commenced a medical malpractice action against three physicians, their insurer, and the Injured…
Date: June 28, 2012
Citation: 2012 WI 68
Docket Number: 2010AP001599-CR
Justia Opinion Summary: Defendant entered into a plea agreement with the State in which Defendant pled no contest to manufacturing THC. Based on a plea colloquy, the circuit court determined that the plea was entered knowingly, voluntarily, and…
Date: June 27, 2012
Citation: 2012 WI 65
Docket Number: 2011AP001112
Justia Opinion Summary: This case revolved around public records requests of Milwaukee Journal Sentinel reporters seeking dispatch records and incident reports from the Milwaukee Police Department. The City requested advance payment for copying…
Date: June 27, 2012
Citation: 2012 WI 66
Docket Number: 2011AP001663-D
Date: June 27, 2012
Docket Number: 2012AP000566-J
Date: June 26, 2012
Citation: 2012 WI 64
Docket Number: 2010AP001812
Justia Opinion Summary: In this case, an officer conducted a traffic stop of Dimitrius Anagnos's vehicle. Once the vehicle was stopped, the officer determined that Anagnos was intoxicated and arrested him for operating while under the influence…
Date: June 22, 2012
Citation: 2012 WI 63
Docket Number: 2001AP002157-D
Date: June 22, 2012
Citation: 2012 WI 62
Docket Number: 2010AP000232-AC
Justia Opinion Summary: The State brought a civil action against Pharmacia Corporation, alleging that the company reported inflated drug prices to Wisconsin Medicaid. A jury found Pharmacia liable for violating the Deceptive Trade Practices Act…
Date: June 12, 2012
Citation: 2012 WI 61
Docket Number: 2010AP000557-CR
Justia Opinion Summary: As a result of an investigatory stop and search, police discovered drugs and drug paraphernalia in a vehicle driven by Defendant Joseph Miller. The circuit court denied Miller's motion to suppress the evidence and…
Date: June 8, 2012
Citation: 2012 WI 60
Docket Number: 2010AP001398-CR
Justia Opinion Summary: Defendant was convicted of, inter alia, battery to a police officer, carrying a concealed weapon, and DUI. For the battery conviction, Rowan was sentenced to initial confinement followed by extended supervision. Among…
Date: May 30, 2012
Citation: 2012 WI 58
Docket Number: 2009AP002176
Justia Opinion Summary: The circuit court granted summary judgment to Community Insurance Corporation (CIC) on a claim by the Hartford Union High School Board of Education and the Hartford Union High School District (collectively, the District)…
Date: May 30, 2012
Citation: 2012 WI 59
Docket Number: 2010AP001551-CR
Justia Opinion Summary: Defendant Douglas Williams pled no contest to manufacturing THC. Williams appealed the denial of his motion to suppress, asserting that the search warrant that was issued for his home by a circuit court commissioner was…
Date: May 24, 2012
Citation: 2012 WI 57
Docket Number: 2010AP000826
Justia Opinion Summary: Marco Marquez, the consumer, brought this action against Mercedes-Benz USA, alleging that his new car was a "lemon" under the state's Lemon Law, that he requested a refund and provided Mercedes-Benz with the required…
Date: May 23, 2012
Citation: 2012 WI 53
Docket Number: 2010AP001785
Justia Opinion Summary: Employee filed state discrimination claims against Employer. Employee first filed her claims with the federal Equal Employment Opportunity Commission (EEOC), which dismissed her claims. In the meantime, Employee filed a…
Date: May 23, 2012
Citation: 2012 WI 54
Docket Number: 2010AP002566-D
Date: May 23, 2012
Citation: 2012 WI 55
Docket Number: 2011AP001654-D
Date: May 22, 2012
Citation: 2012 WI 52
Docket Number: 2010AP000784
Justia Opinion Summary: The State filed a petition alleging that Tyler T., a juvenile, was delinquent and a petition for waiver of juvenile court jurisdiction over Tyler. The circuit court waived juvenile court jurisdiction over Tyler, and the…
Date: May 18, 2012
Citation: 2012 WI 50
Docket Number: 2010AP002061
Justia Opinion Summary: Helen E.F. was an 85-year-old woman with Alzheimer's Disease. Helen was transported to the emergency room in the city of Fond du Lac for medical treatment. While there, Helen exhibited agitated and aggressive behavior. A…
Date: May 18, 2012
Citation: 2012 WI 51
Docket Number: 2011AP000142-D
Date: May 11, 2012
Citation: 2012 WI 49
Docket Number: 2010AP000208
Justia Opinion Summary: After Employee suffered a work-related injury and was terminated by Employer due to Employer's inability to accommodate his physical restrictions, Employee filed a worker's compensation claim for permanent and total…
Date: May 9, 2012
Citation: 2012 WI 48
Docket Number: 2011AP000778-D
Date: May 4, 2012
Citation: 2012 WI 46
Docket Number: 2010AP002023
Justia Opinion Summary: The Wisconsin Department of Transportation acquired a parcel of land owned by Country Side, a portion of which Country Side leased to the Lamar Company. Country Side and Lamar agreed that all proceeds would be…
Date: May 3, 2012
Citation: 2012 WI 44
Docket Number: 2010AP001474
Justia Opinion Summary: In this breach of contract case, the jury found that a contract existed between Erie Insurance Exchange and Best Price Plumbing but that Erie did not breach the contract. The circuit court granted Best Price's motion…
Date: May 1, 2012
Citation: 2012 WI 42
Docket Number: 2011AP000817-D
Date: May 1, 2012
Citation: 2012 WI 43
Docket Number: 2012AP000566-J
Date: April 27, 2012
Citation: 2012 WI 41
Docket Numbers: 1993AP001135-D, 1994AP001838-D, 1996AP000884-D
Date: April 27, 2012
Citation: 2012 WI 40
Docket Number: 2011AP000777-D
Date: April 17, 2012
Citation: 2012 WI 39
Docket Number: 2008AP001972
Justia Opinion Summary: Thomas and Barbara Jandre filed an action against, inter alia, a physician and her insurer, asserting (1) the physician negligently diagnosed Thomas with Bell's palsy, and (2) the physician breached her duty to inform a…
Date: April 4, 2012
Citation: 2012 WI 37
Docket Number: 2010AP003013-D
Date: April 4, 2012
Citation: 2012 WI 38
Docket Number: 2010AP003014-D
Date: April 3, 2012
Citation: 2012 WI 35
Docket Number: 2010AP000177
Justia Opinion Summary: Michael May sought to reduce his child support payments to his former wife, Suzanne May, approximately one year after entry of an order by the circuit court establishing a thirty-three-month unmodifiable floor for child…
Date: April 3, 2012
Citation: 2012 WI 36
Docket Number: 2010AP000346-CR
Justia Opinion Summary: Defendant Devin Felix was convicted of second-degree intentional homicide. The court of appeals reversed, holding that statements and physical evidence obtained from Defendant outside of the home after Miranda warnings…
Date: March 30, 2012
Citation: 2012 WI 32
Docket Number: 2006AP002842-D
Date: March 30, 2012
Citation: 2012 WI 33
Docket Number: 2006AP002851-D
Date: March 27, 2012
Citation: 2012 WI 30
Docket Number: 2009AP002099
Justia Opinion Summary: After Employer and Employee settled a suit Employee brought against Employer, Employer's Insurer paid the policy's maximum of $2 million pursuant to an oral funding agreement. Insurer then filed an action against…
Date: March 27, 2012
Citation: 2012 WI 31
Docket Number: 2009AP002549
Justia Opinion Summary: Robert Johnson filed a summons and complaint against Cintas Corporation, alleging he had automobile liability insurance coverage through Cintas. Johnson subsequently served his summons and complaint upon the registered…
Date: March 22, 2012
Citation: 2012 WI 29
Docket Number: 2009AP003029
Justia Opinion Summary: Crown Castle USA, Inc. commenced an action against Orion Construction Group, LLC in Pennsylvania seeking monetary damages to satisfy an account receivable. The court entered default judgment against Orion Construction,…
Date: March 21, 2012
Citation: 2012 WI 28
Docket Number: 2011AP000329-FT
Justia Opinion Summary: Employee was employed by Employer as a driver. Due to lack of work, Employee was laid off indefinitely. Three months later, Employer recalled Employee. Employee was required to submit to a pre-employment drug test, to…
Date: March 19, 2012
Citation: 2012 WI 27
Docket Number: 2010AP001937-OA
Justia Opinion Summary: Petitioners asked the Supreme Court to take jurisdiction of an original action challenging rules adopted by the Government Accountability Board (GAB). Before the Court accepted the original action, four justices voted to…
Date: March 16, 2012
Citation: 2012 WI 26
Docket Number: 2010AP000355
Justia Opinion Summary: Plaintiffs in this action consisted of Heritage Farms and several other landowners whose properties were damaged as a result of a forest fire. A jury determined the fire was negligently caused by Jeffrey Knaack.…
Date: March 13, 2012
Citation: 2012 WI 24
Docket Number: 2009AP001643-CR
Justia Opinion Summary: The circuit court found William Dinkins guilty of knowingly failing to comply with the sex offender registration statute, which required Dinkins to provide the address at which he would be residing ten days prior to his…
Date: March 8, 2012
Citation: 2012 WI 23
Docket Number: 2010AP001391-CRNM
Justia Opinion Summary: Defendant was convicted at a bench trial of misdemeanor retail theft in the circuit court. On appeal, the court of appeals (1) affirmed the conviction; (2) denied Defendant's request to remand the cause to determine…
Date: March 8, 2012
Citation: 2012 WI 22
Docket Number: 2011AP000987
Justia Opinion Summary: This case required the Supreme Court to answer a threshold question concerning whether an appeal in this insurance company rehabilitation case could go forward. The court of appeals granted the motion of the Office of…
Date: March 7, 2012
Citation: 2012 WI 21
Docket Number: 2009AP002848
Justia Opinion Summary: Insured, who was injured, submitted a claim to Insurer under her underinsured motorist (UIM) coverage after exhausting the policy limits of the underinsured motorist. An arbitration panel concluded that the court of…
Date: March 6, 2012
Citation: 2012 WI 20
Docket Number: 2009AP002768
Justia Opinion Summary: Joel and Evelyn Hirschhorn filed suit against their homeowners insurer, Auto-Owners Insurance Company, for breach of contract and bad faith, claiming that Auto-Owners was liable for the total loss of their vacation home.…
Date: March 1, 2012
Citation: 2012 WI 19
Docket Number: 2002AP002962-D
Date: March 1, 2012
Citation: 2012 WI 17
Docket Number: 2010AP002538-D
Date: March 1, 2012
Citation: 2012 WI 18
Docket Number: 2011AP002326-D
Date: February 28, 2012
Citation: 2012 WI 16
Docket Number: 2009AP003075
Justia Opinion Summary: In this forfeiture action, the State alleged that Defendant Basil Ryan unlawfully placed and maintained a sunken barge on the bed of the Menomonee River in violation of Wis. Stat. Ann. chapter 30. The circuit court…
Date: February 24, 2012
Citations: 2002 WI 108, 2012 WI 15
Docket Number: 2008AP001830
Justia Opinion Summary: An accountant and the company he owned (collectively, MBS), filed suit against Defendants, telecommunications companies, asserting claims for damages under Wis. Stat. 100.207 and other statutes, arguing that Defendants'…
Date: February 14, 2012
Citation: 2012 WI 12
Docket Number: 2010AP000772-CR
Justia Opinion Summary: After a jury trial, Defendant Carl Dowdy was found guilty of second degree sexual assault. The circuit court sentenced Defendant to fifteen years imprisonment and then stayed the sentence in favor of a ten-year period of…
Date: February 10, 2012
Citation: 2012 WI 10
Docket Number: 2011AP001073-D
Date: February 10, 2012
Citation: 2012 WI 11
Docket Number: 2011AP002448-D
Date: February 9, 2012
Citation: 2012 WI 8
Docket Number: 2011AP001700-D
Date: February 9, 2012
Citation: 2012 WI 9
Docket Number: 2011AP002263-D
Date: February 8, 2012
Citation: 2012 WI 7
Docket Number: 2010AP002398
Justia Opinion Summary: Plaintiffs, several residents of the Town of Cooks Valley, brought a declaratory judgment action against the Town to declare the Town's nonmetallic mining ordinance invalid because the ordinance did not have county board…
Date: February 3, 2012
Citation: 2012 WI 6
Docket Number: 2011AP002625-D
Date: February 1, 2012
Citation: 2012 WI 4
Docket Number: 2008AP002759-CR
Justia Opinion Summary: After a jury trial, Daniel Hanson was found guilty of fleeing a traffic officer, a felony under Wis. Stat. 346.04(3). The court of appeals affirmed. The Supreme Court also affirmed, holding (1) the circuit court properly…
Date: February 1, 2012
Citation: 2012 WI 5
Docket Number: 2010AP000445-CR
Justia Opinion Summary: Defendant was convicted of battery to a law enforcement officer and disorderly conduct. Although the circuit court judge's daughter-in-law was not a member of the jury, she was in the pool of potential jurors, and…
Date: January 31, 2012
Citation: 2012 WI 3
Docket Number: 2009AP002385
Justia Opinion Summary: Todd Olson filed suit against Robert Farrar, alleging he was liable for property damage to Olson's trailer home and vehicle. Farrar's insurer, Mt. Morris Mutual Insurance Company, sought a declaration that it had neither…
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