Wisconsin Supreme Court Decisions 2015

State Dep’t of Justice v. State Dep’t of Workforce Dev.  
Date: December 30, 2015
Docket Number: 2013AP001488

Justia Opinion Summary: The Equal Rights Division of the Department of Workforce Development (DWD) concluded that Joell Schigur had proven by a preponderance of the evidence that the Department of Justice (DOJ) took unlawful retaliatory action…

Office of Lawyer Regulation v. Gerald P. Boyle
Date: December 23, 2015
Docket Number: 2014AP000482-D
Office of Lawyer Regulation v. Eric L. Crandall
Date: December 23, 2015
Docket Number: 2014AP002487-D
Office of Lawyer Regulation v. Jeffrey John Aleman
Date: December 23, 2015
Docket Number: 2015AP001340-D
Office of Lawyer Regulation v. Zachary T. Krogman
Date: December 23, 2015
Docket Number: 2015AP001422-D
New Richmond News v. City of New Richmond
Date: December 18, 2015
Docket Number: 2014AP001938
Office of Lawyer Regulation v. Michael D. Mandelman
Date: December 8, 2015
Docket Number: 2003AP003348-D
Office of Lawyer Regulation v. Michael D. Mandelman
Date: December 8, 2015
Docket Number: 2004AP002633-D
Office of Lawyer Regulation v. Michael D. Mandelman
Date: December 8, 2015
Docket Number: 2007AP002653-D
Office of Lawyer Regulation v. Michael D. Mandelman
Date: December 8, 2015
Docket Number: 2011AP000584-D
Office of Lawyer Regulation v. Richard W. Voss
Date: December 8, 2015
Docket Number: 2014AP002086-D
Schmitz v. Hon. Gregory A. Peterson  
Date: December 2, 2015
Docket Numbers: 2014AP000421-W, 2014AP000420-W, 2014AP000419-W, 2014AP000418-W, 2014AP000417-W, 2014AP000296-OA, 2013AP002508-W, 2013AP002507-W, 2013AP002506-W, 2013AP002505-W, 2013AP002504-W

Justia Opinion Summary: At issue here was the authority of Attorney Francis Schmitz to act as the special prosecutor throughout proceedings known as “John Doe II.” Unnamed Movants challenged whether Attorney Schmitz retained any authority to…

State v. Iverson  
Date: November 25, 2015
Docket Number: 2014AP000515-FT

Justia Opinion Summary: A state traffic patrol officer stopped Defendant’s vehicle after observing a cigarette butt being thrown from the passenger side of the vehicle. Defendant filed a motion to suppress evidence of drunk driving obtained by…

Office of Lawyer Regulation v. Amoun Vang Sayaovong
Date: November 18, 2015
Docket Number: 2015AP000680-D
Office of Lawyer Regulation v. Michael M. Switalski
Date: November 11, 2015
Docket Number: 2015AP001732-D
Office of Lawyer Regulation v. Pamela J. Smoler
Date: October 30, 2015
Docket Number: 2014AP000804-D
Office of Lawyer Regulation v. Thomas O. Mulligan
Date: October 8, 2015
Docket Number: 2013AP002742-D
Office of Lawyer Regulation v. James T. Runyon
Date: October 8, 2015
Docket Number: 2015AP000578-D
Office of Lawyer Regulation v. Kristy Joi Downing
Date: September 30, 2015
Docket Number: 2013AP002235-D
Office of Lawyer Regulation v. Phillip J. Ramthun
Date: September 30, 2015
Docket Number: 2014AP002476-D
Office of Lawyer Regulation v. P. Nicholas Hurtgen
Date: September 18, 2015
Docket Number: 2009AP000941-D
Office of Lawyer Regulation v. Charles A. Boyle
Date: September 16, 2015
Docket Number: 2012AP002322-D
Office of Lawyer Regulation v. Joseph M. Capistrant
Date: August 18, 2015
Citation: 2015 WI 88
Docket Number: 2014AP002535-D
Schmitz v. Hon. Gregory A. Peterson  
Date: July 16, 2015
Citation: 2015 WI 85
Docket Numbers: 2014AP000421-W, 2014AP000420-W, 2014AP000419-W, 2014AP000418-W, 2014AP000417-W, 2014AP000296-OA, 2013AP002508-W, 2013AP002507-W, 2013AP002506-W, 2013AP002505-W, 2013AP002504-W

Justia Opinion Summary: These five John Doe proceedings, referred to as the “John Doe investigation,” were overseen by a single John Doe judge and organized by a single special prosecutor. The purpose of the John Doe investigation was to root…

OLR v. Daniel W. Linehan
Date: July 15, 2015
Citation: 2015 WI 82
Docket Number: 1989AP001848-D
OLR v. Nancy A. Schlieve
Date: July 15, 2015
Citation: 2015 WI 80
Docket Numbers: 1997AP003862-D, 1996AP003390-D
State v. Herrmann  
Date: July 15, 2015
Citation: 2015 WI 84
Docket Number: 2013AP000197-CR

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to homicide by intoxicated use of a vehicle, hit and run resulting in death, and related crimes. After Defendant was sentenced, he filed a postconviction motion seeking…

Office of Lawyer Regulation v. Paul A. Strouse
Date: July 15, 2015
Citation: 2015 WI 83
Docket Number: 2013AP001619-D
Office of Lawyer Regulation v. Joseph J. Kaupie
Date: July 15, 2015
Citation: 2015 WI 81
Docket Number: 2014AP002578-D
State v. Houghton  
Date: July 14, 2015
Citation: 2015 WI 79
Docket Number: 2013AP001581-CR

Justia Opinion Summary: Defendant pleaded guilty to one count of possession of THC with intent to deliver following the circuit court’s denial of his motion to suppress evidence obtained during a traffic stop. Defendant appealed, arguing that…

State v. Hogan  
Date: July 10, 2015
Citation: 2015 WI 76
Docket Number: 2013AP000430-CR

Justia Opinion Summary: Defendant pled no contest to possession of methamphetamine and child neglect after the circuit court denied his motion to suppress evidence obtained during a search of his truck. At issue in this case was the…

Mayhugh v. State  
Date: July 10, 2015
Citation: 2015 WI 77
Docket Number: 2013AP001023

Justia Opinion Summary: Plaintiff, an inmate at Redgranite Correctional Institution, was injured during a baseball game in Redgranite’s recreational yard. Plaintiff filed a complaint against the State, the Department of Corrections (DOC), and…

State v. Williams  
Date: July 10, 2015
Citation: 2015 WI 75
Docket Number: 2014AP001099-CR

Justia Opinion Summary: When Defendant and two accomplices attempted to rob Michael Parker, Parker and a houseguest, Authur Robinson, were shot and killed. During trial, the jury was instructed that it could convict Defendant of the felony…

State v. Shata  
Date: July 9, 2015
Citation: 2015 WI 74
Docket Number: 2013AP001437-CR

Justia Opinion Summary: Defendant, an Egyptian foreign national, pleaded guilty to one count of possession with intent to deliver marijuana, as party to a crime. Defendant subsequently moved to withdraw his guilty plea on the basis of…

State v. Guarnero  
Date: July 9, 2015
Citation: 2015 WI 72
Docket Numbers: 2013AP001754-CR, 2013AP001753-CR

Justia Opinion Summary: Defendant pleaded guilty to conspiracy of violating RICO. Approximately seven years later, Defendant was arrested for possession of cocaine in violation of Wis. Stat. 961.41(3g)(c). Defendant’s prior RICO conviction was…

State v. Ortiz-Mondragon  
Date: July 9, 2015
Citation: 2015 WI 73
Docket Number: 2013AP002435-CR

Justia Opinion Summary: Defendant, who came to the United States from Mexico in 1997, pleaded no contest to substantial battery as an act of domestic abuse. After Defendant completed his jail sentence Immigration and Customs Enforcement…

Board of Bar Examiners v. J.E.G.
Date: July 9, 2015
Citation: 2015 WI 71
Docket Numbers: 2014XX000817-BA, 2013AP001769-D
Office of Lawyer Regulation v. David J. Winkel
Date: July 7, 2015
Citation: 2015 WI 68
Docket Number: 2012AP001845-D
State v. Kucharski  
Date: July 7, 2015
Citation: 2015 WI 64
Docket Number: 2013AP000557-CR

Justia Opinion Summary: Defendant was charged with two counts of intentional homicide for the murders of his parents. Defendant pleaded not guilty by reason of mental disease or defect. The circuit court found that Defendant had not met his…

State v. Obriecht  
Date: July 7, 2015
Citation: 2015 WI 66
Docket Number: 2013AP001345-CR

Justia Opinion Summary: Petitioner was charged with and convicted of seven misdemeanors and one felony. Prior to serving his sentences, defendant was in custody in 1998, 1999, and 2001, Upon his conviction, Petitioner was given some sentence…

Ash Park, LLC v. Alexander & Bishop, Ltd.  
Date: July 7, 2015
Citation: 2015 WI 65
Docket Number: 2013AP001532

Justia Opinion Summary: Ash Park, LLC entered into a one-party listing contract with Re/Max Select, LLC providing that Ash Park shall pay a broker’s commission to Re/Max if Ash Park enters into an “enforceable contract” for the sale of a parcel…

Dakter v. Cavallino  
Date: July 7, 2015
Citation: 2015 WI 67
Docket Number: 2013AP001750

Justia Opinion Summary: Plaintiff was driving a passenger automobile when he collided with a semi-trailer truck operated by Defendant. A jury found Defendant sixty-five percent causally negligent and Plaintiff thirty-five percent causally…

Wis. Realtors Ass’n v. Pub. Serv. Comm’n of Wis.  
Date: June 30, 2015
Citation: 2015 WI 63
Docket Number: 2013AP001407

Justia Opinion Summary: Plaintiffs, referred to collectively as the Wisconsin Realtors Association (WRA), filed a complaint against Defendant, the Public Service Commission of Wisconsin (Commission), arguing that Wis. Admin. Code ch. PSC 128 -…

Office of Lawyer Regulation v. Robert Paul D'Arruda
Date: June 25, 2015
Citation: 2015 WI 62
Docket Number: 2014AP000340-D
Office of Lawyer Regulation v. David J. Bartz
Date: June 25, 2015
Citation: 2015 WI 61
Docket Number: 2014AP002918-D
Office of Lawyer Regulation v. Sarah E.K. Laux
Date: June 24, 2015
Citation: 2015 WI 59
Docket Number: 2014AP000974-D
Office of Lawyer Regulation v. Jenny R. Armstrong
Date: June 24, 2015
Citation: 2015 WI 60
Docket Number: 2015AP000460-D
Christ v. Exxon Mobil Corp.  
Date: June 23, 2015
Citation: 2015 WI 58
Docket Number: 2012AP001493

Justia Opinion Summary: In 2006, Plaintiffs, former employees and the estates and beneficiaries of former employees at an Eau Claire tire manufacturing plant, filed suit against multiple defendants alleging that the initial plaintiffs were…

Office of Lawyer Regulation v. Michael Strizic
Date: June 19, 2015
Citation: 2015 WI 57
Docket Number: 2014AP000175-D
Journal Times v. City of Racine Bd. of Police & Fire Comm’rs  
Date: June 18, 2015
Citation: 2015 WI 56
Docket Number: 2013AP001715

Justia Opinion Summary: The Journal Times of Racine and its editor (collectively, the Newspaper) commenced this mandamus action under Wis. Stat. 19.37(1)(a) after the City of Racine Board of Police and Fire Commissioners (Commission) denied the…

State v. Delebreau  
Date: June 16, 2015
Citation: 2015 WI 55
Docket Number: 2013AP001108-CR

Justia Opinion Summary: The Supreme Court took this opportunity to clarify the law on waiver of the right to counsel after a defendant has been charged with a crime. After a jury trial, Defendant was convicted of one count of delivering heroin,…

State v. Moore  
Date: June 16, 2015
Citation: 2015 WI 54
Docket Number: 2013AP000127-CR

Justia Opinion Summary: After the circuit court denied his motion to suppress certain statements he made during police questioning, Defendant pled guilty to second-degree reckless homicide as party to a crime. Defendant was fifteen years old at…

State v. Chamblis  
Date: June 12, 2015
Citation: 2015 WI 53
Docket Number: 2012AP002782-CR

Justia Opinion Summary: Defendant pleaded guilty to operating with a prohibited alcohol concentration (PAC), sixth offense. The circuit court sentenced Defendant to four years' imprisonment. The State appealed, arguing that the circuit court…

Office of Lawyer Regulation v. William R. Lamb
Date: June 9, 2015
Citation: 2015 WI 52
Docket Number: 2012AP000486-D
Office of Lawyer Regulation v. Matthew C. Siderits
Date: June 4, 2015
Citation: 2015 WI 51
Docket Number: 2011AP000259-D
Oneida Seven Generations Corp. v. City of Green Bay  
Date: May 29, 2015
Citation: 2015 WI 50
Docket Number: 2013AP000591

Justia Opinion Summary: Oneida Seven Generations Corporation proposed a renewable energy facility and sought a conditional use permit to install the facility in the City of Green Bay. The City voted to approve the conditional use permit but…

MS Real Estate Holdings, LLC v. Donald P. Fox Family Trust  
Date: May 15, 2015
Citation: 2015 WI 49
Docket Number: 2013AP000679

Justia Opinion Summary: MS Real Estate Holdings, LLC contracted with the Foxes for a right of first refusal to purchase or lease the Fox land. Years later, the Foxes sued, arguing that their revocation of the right of first refusal contract was…

State v. Wilson  
Date: May 12, 2015
Citation: 2015 WI 48
Docket Number: 2011AP001803-CR

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree intentional homicide and attempted first-degree intentional homicide. Defendant filed a postconviction motion seeking a new trial based on the trial court’s…

State v. Blatterman  
Date: May 5, 2015
Citation: 2015 WI 46
Docket Number: 2013AP002107-CR

Justia Opinion Summary: After receiving a complaint from Defendant’s wife, police officers conducted an investigatory stop of Defendant’s vehicle. Defendant did not comply with police orders after being stopped and also complained of chest…

Runzheimer Int’l, Ltd. v. Friedlen  
Date: April 30, 2015
Citation: 2015 WI 45
Docket Number: 2013AP001392

Justia Opinion Summary: David Friedlen had worked for Runzheimer International, Ltd. for more than fifteen years when Runzheimer began requiring its employees to sign restrictive covenants or be fired. Friedlen signed the covenant and continued…

State v. Daniel  
Date: April 29, 2015
Citation: 2015 WI 44
Docket Number: 2012AP002692-CR

Justia Opinion Summary: After a jury trial, Petitioner was convicted of first-degree intentional homicide as party to a crime and armed burglary as party to a crime. Petitioner’s defense counsel later asked for a ruling regarding Petitioner’s…

Office of Lawyer Regulation v. Jeff D. Stobbe
Date: April 28, 2015
Citation: 2015 WI 43
Docket Number: 2014AP002125-D
State v. Luedtke  
Date: April 24, 2015
Citation: 2015 WI 42
Docket Numbers: 2013AP001737-CR, 2013AP000218-CR

Justia Opinion Summary: Defendants in these two separate cases were found guilty of operating a motor vehicle with a detectable amount of a restricted controlled substance in the blood, among other crimes. The court of appeals affirmed the…

Office of Lawyer Regulation v. Paul G. Belke
Date: April 24, 2015
Citation: 2015 WI 41
Docket Number: 2014AP000041-D
State v. Griep  
Date: April 23, 2015
Citation: 2015 WI 40
Docket Number: 2009AP003073-CR

Justia Opinion Summary: Defendant was convicted of operating a motor vehicle while intoxicated, third offense. Defendant appealed, arguing that his right of confrontation was violated when the circuit court admitted an expert witness’s…

Office of Lawyer Regulation v. Ernesto Chavez
Date: April 17, 2015
Citation: 2015 WI 39
Docket Number: 2014AP000569-D
Office of Lawyer Regulation v. Jon Evenson
Date: April 16, 2015
Citation: 2015 WI 38
Docket Number: 2014AP002906-D
Office of Lawyer Regulation v. Howard B. Mitz
Date: April 3, 2015
Citation: 2015 WI 37
Docket Number: 2013AP002300-D
Aguilar v. Husco Int’l, Inc.  
Date: April 1, 2015
Citation: 2015 WI 36
Docket Number: 2013AP000265

Justia Opinion Summary: After exhausting their administrative remedies, Plaintiffs, six employees of Husco International, Inc., brought this wage claim case behalf of themselves and others similarly situated seeking back pay for unpaid…

State v. Hurley  
Date: March 31, 2015
Citation: 2015 WI 35
Docket Number: 2013AP000558-CR

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of engaging in repeated acts of sexual assault of the same child and sentenced to twenty-five years imprisonment. Defendant subsequently filed a post-conviction…

First Weber Group, Inc. v. Synergy Real Estate Group, LLC  
Date: March 24, 2015
Citation: 2015 WI 34
Docket Number: 2013AP001205

Justia Opinion Summary: An arbitration panel ordered James Graham to pay First Weber Group Inc. for a disputed real estate brokerage commission. Graham failed to pay, and First Weber filed an action to confirm the arbitration award. The circuit…

OLR v. Naomi Dawn Isaacson
Date: March 20, 2015
Citation: 2015 WI 33
Docket Number: 2014AP000495-D
State v. Kempainen  
Date: March 19, 2015
Citation: 2015 WI 32
Docket Number: 2013AP001531-CR

Justia Opinion Summary: The State filed a criminal complaint alleging that Defendant had engaged in two counts of sexual assault of a child under thirteen years of age. Defendant move to dismiss the complaint and information on the grounds that…

Office of Lawyer Regulation v. Tina M. Dahle
Date: March 18, 2015
Citation: 2015 WI 29
Docket Number: 2013AP001137-D
Office of Lawyer Regulation v. Jolie M. Semancik
Date: March 18, 2015
Citation: 2015 WI 31
Docket Number: 2013AP002780-D
Acuity v. Chartis Specialty Ins. Co.  
Date: March 17, 2015
Citation: 2015 WI 28
Docket Number: 2013AP001303

Justia Opinion Summary: Acuity, A Mutual Insurance Company and Chartis Specialty Insurance Company both issued liability policies to Dorner, Inc, a construction company. The Chartis policy was a contractors’ pollution liability (CPL) policy,…

Milwaukee City Housing Auth. v. Cobb  
Date: March 12, 2015
Citation: 2015 WI 27
Docket Number: 2013AP002207

Justia Opinion Summary: The Milwaukee City Housing Authority brought an eviction action against Defendant, who lives in federally subsidized housing, because Defendant violated the terms of his lease by engaging in “drug-related criminal…

Office of Lawyer Regulation v. Thomas J. McClure
Date: March 10, 2015
Citation: 2015 WI 25
Docket Number: 2013AP002140-D
OLR v. Christopher S. Carson
Date: March 10, 2015
Citation: 2015 WI 26
Docket Number: 2014AP002732-D
State v. Scull  
Date: March 5, 2015
Citation: 2015 WI 22
Docket Number: 2011AP002956-CR

Justia Opinion Summary: Based on evidence obtained from a search of Defendant’s home, the State charged Defendant with possession with several drug-related offenses. Defendant moved to suppress the evidence obtained from his home, contending…

State v. Anthony  
Date: March 3, 2015
Citation: 2015 WI 20
Docket Number: 2013AP000467-CR

Justia Opinion Summary: Defendant was charged with one count of first-degree intentional homicide. At trial, Defendant indicated that he wished to testify. Defendant insisted that he would inform the jury of allegedly wrongful prior conviction…

Anderson v. Aul  
Date: February 25, 2015
Citation: 2015 WI 19
Docket Number: 2013AP000500

Justia Opinion Summary: Wisconsin’s notice-prejudice statutes provide that an insured’s failure to furnish timely notice of a claim as required by the terms of a liability policy will not bar coverage unless timely notice was reasonably…

Office of Lawyer Regulation v. Michael M. Rajek
Date: February 20, 2015
Citation: 2015 WI 18
Docket Number: 2011AP000387-D
Office of Lawyer Regulation v. James E. Hammis
Date: February 17, 2015
Citation: 2015 WI 14
Docket Number: 2012AP000818-D
Bank of New York v. Carson  
Date: February 17, 2015
Citation: 2015 WI 2015
Docket Number: 2013AP000544

Justia Opinion Summary: After Shirley Carson defaulted on loan payments, Bank sought a judgment of foreclosure and sale of the mortgaged premises. The circuit court entered judgment in favor of Bank of New York Mellon (“the Bank”). More than…

Office of Lawyer Regulation v. John F. Koenig
Date: February 17, 2015
Citation: 2015 WI 16
Docket Number: 2014AP001523-D
Wis. Fed’n of Nurses and Health Prof’ls v. Milwaukee County  
Date: February 12, 2015
Citation: 2015 WI 12
Docket Number: 2012AP002490

Justia Opinion Summary: A Milwaukee County General Ordinance prospectively eliminated Medicare Part B premium reimbursement upon retirement for employees who did not retire before retirement dates established by Milwaukee County. Plaintiffs…

Office of Lawyer Regulation v. Erika Anita Cannaday
Date: February 10, 2015
Citation: 2015 WI 11
Docket Number: 2014AP002152-D
Office of Lawyer Regulation v. David A Lemanski
Date: February 5, 2015
Citation: 2015 WI 10
Docket Number: 2014AP002043-D
Office of Lawyer Regulation v. Jeffrey A. Reitz
Date: February 4, 2015
Citation: 2015 WI 9
Docket Number: 2010AP001576-D
Office of Lawyer Regulation v. Jeffrey A. Reitz
Date: February 4, 2015
Citation: 2015 WI 9
Docket Number: 2011AP001764-D
Office of Lawyer Regulation v. Andrew J. Bryant
Date: January 28, 2015
Citation: 2015 WI 7
Docket Number: 2013AP000312-D
Office of Lawyer Regulation v. Ryan D Lister
Date: January 28, 2015
Citation: 2015 WI 8
Docket Number: 2013AP000746-D
State v. Alexander  
Date: January 27, 2015
Citation: 2015 WI 6
Docket Number: 2013AP000843-CR

Justia Opinion Summary: Defendant pled guilty to felony forgery. After Defendant was sentenced he filed a motion for resentencing, arguing that his Fifth Amendment privilege against self-incrimination was violated because compelled,…

Office of Lawyer Regulation v. Khaja M. Din
Date: January 22, 2015
Citation: 2015 WI 4
Docket Number: 2012AP002695-D
State v. Harrison  
Date: January 22, 2015
Citation: 2015 WI 5
Docket Number: 2013AP000298-CR

Justia Opinion Summary: After a jury trial, Defendant was found guilty of three offenses. Defendant filed two postconviction motions requesting a new trial, asserting that the circuit court judge, Jon M. Counsell, had no authority to preside…

State v. Knipfer  
Date: January 20, 2015
Citation: 2015 WI 3
Docket Numbers: 2013AP000578, 2013AP000225

Justia Opinion Summary: In these two consolidated cases, the court of appeals affirmed the circuit courts’ orders denying Defendants’ petitions for discharge from involuntary commitment under Wis. Stat. ch. 980 as a sexually violent person.…

Office of Lawyer Regulation v. Emory H. Booker, III
Date: January 16, 2015
Citation: 2015 WI 2
Docket Number: 2013AP000505-D
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