Wisconsin Supreme Court Decisions 2019

Office of Lawyer Regulation v. Robert Zapf
Date: July 10, 2019
Docket Number: 2016AP002514-D
Wisconsin Judicial Commission v. Kachinsky  
Date: July 9, 2019
Docket Number: 2018AP000628-J

Justia Opinion Summary: The Supreme Court held that the judicial misconduct of the Honorable Leonard D. Kachinsky, a former municipal judge for the Village of Fox Crossing Municipal Court, warranted a three-year suspension of eligibility for th...

Office of Lawyer Regulation v. Kathleen Anna Wagner
Date: July 3, 2019
Docket Number: 2014AP002528-D
State v. Randall  
Date: July 2, 2019
Docket Number: 2017AP001518-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the circuit court's judgment granting Defendant's motion to suppress a test of Defendant's blood sample, holding that the State lawfully obtained...

L. G. v. Aurora Residential Alternatives, Inc.  
Date: June 28, 2019
Docket Number: 2018AP000656

Justia Opinion Summary: The Supreme Court reversed the order of the court of appeals dismissing the appeal of an order of the circuit court denying a request to compel arbitration and stay a pending lawsuit pending arbitration, holding that a c...

Enbridge Energy Co. v. Dane County  
Date: June 27, 2019
Docket Numbers: 2017AP000013, 2016AP002503

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court striking two insurance conditions from a conditional use permit (CUP) Dane County issued to Enbridge Energy Comp...

Koschkee v. Taylor  
Date: June 25, 2019
Docket Number: 2017AP002278-OA

Justia Opinion Summary: In this original action brought by Plaintiffs, two licensed teachers and two school board members, against the Superintendent of Public Instruction (SPI) and the Department of Public Instruction (DPI) arguing that, prior...

League of Women Voters of Wisconsin v. Evers  
Date: June 21, 2019
Docket Number: 2019AP000559

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court declaring the Wisconsin Legislature's December 2018 extraordinary session unconstitutional, enjoining enforcement of all legislation passed during the session, and...

State v. Cooper  
Date: June 20, 2019
Docket Number: 2016AP000375-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying Defendant's motion to withdraw his guilty plea, holding that the disciplining of Defendant's attorney for professional misconduct that included his han...

Pinter v. Village of Stetsonville  
Date: June 20, 2019
Docket Number: 2017AP001593

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of summary judgment dismissing Plaintiff's claims against the Village of Stetsonville for negligence and private nuisanc...

Rural Mutual Insurance Co. v. Lester Buildings, LLC  
Date: June 18, 2019
Docket Number: 2016AP001837

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court granting summary judgment dismissing Rural Mutual Insurance Company's subrogation claims pursuant to a subrogati...

Raytrell K. Fitzgerald v. Circuit Court for Milwaukee Co.
Date: June 13, 2019
Docket Number: 2018AP001214-W
State v. Fitzgerald  
Date: June 13, 2019
Docket Number: 2018AP001296-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals denying Defendant's petition for a supervisory writ in which Defendant argued that an automatic stay in his case began upon the circuit court's entry of a i...

Waukesha County v. S.L.L.  
Date: June 12, 2019
Docket Number: 2017AP001468

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals granting Waukesha County's motion to dismiss the appeal brought by Ms. L. challenging the circuit court's judgment extending Ms. L's commitment, holding tha...

Paynter v. ProAssurance Wisconsin Insurance Co.  
Date: June 7, 2019
Docket Number: 2017AP000739

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming an order of the circuit court granting summary judgment in favor of Defendant, a medical doctor, on Plaintiffs' claim...

United States v. Franklin  
Date: June 6, 2019
Docket Number: 2018AP001346-CQ

Justia Opinion Summary: The Supreme Court answered a question certified to it from the United States Court of Appeals for the Seventh Circuit, holding that Wis. Stat. 943.10(1m)(a)-(f) identifies alternative means of committing one element of t...

State v. Hanson  
Date: June 5, 2019
Docket Number: 2016AP002058-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's denial of Appellant's postconviction motion, holding that, as a matter of first impression, Miranda warnings are not required...

Teske v. Wilson Mutual Insurance Co.  
Date: June 4, 2019
Docket Number: 2017AP001269

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the circuit court's order that determined that Plaintiffs' claims against Defendant-insurance company were barred by...

Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc.  
Date: May 31, 2019
Docket Number: 2016AP002334

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the circuit court granting summary judgment in favor of Hiscox Insurance Company on Leicht Transfer & Storage Company's complaint...

State v. Pegeese  
Date: May 31, 2019
Docket Number: 2017AP000741-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court denying Petitioner's postconviction motion to withdraw his guilty plea, holding that the circuit court's plea collo...

State v. Trammell  
Date: May 31, 2019
Docket Number: 2017AP001206-CR

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming a jury verdict convicting Defendant of armed robbery and operating a vehicle without the owner's consent and affirming the denial of Defendant's m...

State ex rel. Lopez-Quintero v. Dittmann  
Date: May 29, 2019
Docket Number: 2018AP000203-W

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals summarily denying as untimely Appellant's petition for habeas corpus seeking reinstatement of his right to file a direct appeal, holding that neither the la...

Michels v. Lyons  
Date: May 24, 2019
Docket Number: 2017AP001142

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court granting a petition for grandparent visitation over the objection of two fit parents, holding that the Grandparent Visitation Statute, Wis. Stat. 767.43(3), as app...

Office of Lawyer Regulation v. James Edward Hammis
Date: May 23, 2019
Docket Number: 2014AP002244-D
Tikalsky v. Friedman  
Date: May 23, 2019
Docket Number: 2017AP000170

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court dismissing Steven Tikalsky's "constructive trust" count as against Terry Stevens, holding that a constructive tr...

Office of Lawyer Regulation v. Daniel W. Morse
Date: May 21, 2019
Docket Number: 2016AP001288-D
Portage County v. J.W.K.  
Date: May 21, 2019
Docket Number: 2017AP001574

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals dismissing J.W.K.'s appeal challenging the sufficiency of the evidence extending his commitment, holding that J.W.K.'s sufficiency challenge was moot. J.W....

Wisconsin Judicial Commission v. Piontek  
Date: May 21, 2019
Docket Number: 2018AP001033-J

Justia Opinion Summary: The Supreme Court ordered that Racine County Circuit Court Judge Michael J. Piontek be suspended from the office of circuit judge without compensation and prohibited from exercising any of the powers or duties of a Wisco...

Town of Rib Mountain v. Marathon County  
Date: May 16, 2019
Docket Number: 2017AP002021

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the circuit court's denial of the Town of Rib Mountain's action seeking a declaration that Marathon County lacked the authority to establish a rur...

State v. Schwind  
Date: May 3, 2019
Docket Number: 2017AP000141-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's order denying Appellant's motion for early termination of probation, holding that the circuit court did not have inherent auth...

Cattau v. National Insurance Services of Wisconsin, Inc.  
Date: April 30, 2019
Docket Number: 2016AP000493

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Plaintiffs' claims alleging mismanagement of their retirement benefits, holding that, despite the court of appeal...

Daniel v. Armslist, LLC  
Date: April 30, 2019
Docket Number: 2017AP000344

Justia Opinion Summary: The Supreme Court affirmed the circuit court's dismissal of Plaintiff's complaint against Armslist, LLC, holding that because all of Plaintiff's claims for relief required Armslist to be treated as the publisher or speak...

State v. Wright  
Date: April 30, 2019
Docket Number: 2017AP002006-CR

Justia Opinion Summary: The Supreme Court reversed the circuit court's order granting Defendant's motion to suppress evidence obtained during a search of Defendant's vehicle during a traffic stop, holding that none of the officer's questions or...

Maple Grove Country Club Inc. v. Maple Grove Estates Sanitary District  
Date: April 23, 2019
Docket Number: 2016AP002296

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals upholding the circuit court's dismissal of Petitioner's inverse condemnation claim against Respondent based on Petitioner's noncompliance with Wis. Stat. 89...

State v. Nelson Garcia, Jr.
Date: April 19, 2019
Docket Number: 2016AP001276-CR
Security Finance v. Kirsch  
Date: April 19, 2019
Docket Number: 2017AP001408

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's order granting Security Finance's (Security) motion to dismiss Brian Kirsch's (Kirsch) counterclaims against Security under Wi...

Office of Lawyer Regulation v. Patrick J. Hudec
Date: April 18, 2019
Docket Number: 2017AP000523-D
Town of Lincoln v. City of Whitehall  
Date: April 17, 2019
Docket Number: 2017AP000684-AC

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the circuit court's orders granting the City of Whitehalls' motion to dismiss the Town of Lincoln's action challenging the City's annexation of a...

Office of Lawyer Regulation v. Gary E. Grass
Date: April 16, 2019
Docket Number: 2018AP002460-D
Office of Lawyer Regulation v. B. C. Fischer
Date: April 16, 2019
Docket Number: 2019AP000118-D
Marx v. Morris  
Date: April 2, 2019
Docket Number: 2017AP000146

Justia Opinion Summary: In this case brought by two members of an LLC against another member after the LLC sold valuable assets to a company owned by the defendant, the Supreme Court affirmed the decision of the circuit court denying the defend...

State v. Fugere  
Date: March 28, 2019
Docket Number: 2016AP002258-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court denying Defendant's motion to withdraw his plea of not guilty by reason of mental disease or defect (NGI), holding...

MacLeish v. Boardman & Clark LLP  
Date: March 26, 2019
Docket Number: 2016AP002491

Justia Opinion Summary: The Supreme Court affirmed the dismissal of the MacLeish children's claim against the Boardman law firm for legal malpractice, holding that Charles MacLeish's clear testamentary intent was not thwarted by any alleged neg...

Office of Lawyer Regulation v. Diann P. Burton
Date: March 22, 2019
Docket Number: 2018AP001397-D
Office of Lawyer Regulation v. John F. Koenig
Date: March 21, 2019
Docket Number: 2014AP001523-D
OLR v. David P. F. Templeton
Date: March 21, 2019
Docket Number: 2018AP002457-D
Kieninger v. Crown Equipment Corp.  
Date: March 20, 2019
Docket Number: 2017AP000631

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court granting Defendant’s motion for summary judgment on Plaintiffs’ complaint claiming entitlement to unpaid wages b...

Milwaukee District Council 48 v. Milwaukee County  
Date: March 19, 2019
Docket Number: 2016AP001525

Justia Opinion Summary: The Supreme Court interpreted Milwaukee County General Ordinance 201.24(4.1) to mean that employees not covered by the terms of a collective bargaining agreement (CBA) were entitled to the benefit of the “Rule of 75” if...

State v. Reinwand  
Date: March 19, 2019
Docket Number: 2017AP000850-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court convicting Defendant of first-degree intentional homicide for shooting Dale Meister, the father of his granddaughter, and sentencing him to life in prison with...

State v. Keister  
Date: March 19, 2019
Docket Number: 2017AP001618-CR

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court declaring Wis. Stat. 165.95(1)(a) and (3)(c) unconstitutional as applied to Defendant, holding that circuit court erred in declaring the statute unconstitutional....

Peter Ogden Family Trust of 2008 v. Board of Review for the Town of Delafield  
Date: March 14, 2019
Docket Number: 2017AP000516

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court sustaining the the Board of Review for the Town of Delafield’s reclassification of two lots of land owned by App...

State v. Friedlander  
Date: March 12, 2019
Docket Number: 2017AP001337-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals remanding this case to the circuit court with directions to amend Defendant’s judgment of conviction to reflect the sentence credit Defendant requested for...

State v. A.L.  
Date: March 7, 2019
Docket Number: 2016AP000880

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the decision of the circuit court denying the State’s motion to recall A.L.’s juvenile delinquency proceedings, holding that the court of appeals...

West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc.  
Date: February 28, 2019
Docket Number: 2017AP000909

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals ruling that the allegations in Abbott Laboratories’ complaint against Ixthus Medical Supply, Inc. alleged a potentially covered advertising injury and, as a...

Office of Lawyer Regulation v. Robert T. Malloy
Date: February 26, 2019
Docket Number: 1996AP001300-D
Office of Lawyer Regulation v. Melinda Alfredson
Date: February 26, 2019
Docket Number: 2018AP000520-D
State ex rel. CityDeck Landing LLC v. Circuit Court for Brown County  
Date: February 21, 2019
Docket Number: 2018AP000291-W

Justia Opinion Summary: The Supreme Court vacated the decision of the circuit court ordering the arbitration of a private construction dispute stayed, holding that the circuit court lacked the authority to issue the order staying the arbitratio...

Office of Lawyer Regulation v. Patrick S. Sweeney
Date: February 19, 2019
Docket Number: 2015AP001370-D
State v. C.L.K.  
Date: February 19, 2019
Docket Numbers: 2017AP001414, 2017AP001413

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the termination of Father’s parental rights and remanded this case to the circuit court to conduct a new trial, holding that denying a defendant a...

State v. Wayerski  
Date: February 7, 2019
Docket Number: 2015AP001083-CR

Justia Opinion Summary: The Supreme Court affirmed as modified the decision of the court of appeals affirming the circuit court’s denial of Appellant’s postconviction motion, holding that trial counsel did not provide ineffective assistance and...

White v. City of Watertown  
Date: January 31, 2019
Docket Number: 2016AP002259

Justia Opinion Summary: In this longstanding dispute over which adjoining landowner must pay to construct and maintain partition fencing between their properties the Supreme Court affirmed the judgment of the court of appeals, holding that the...

Koss Corp. v. Park Bank  
Date: January 29, 2019
Docket Number: 2016AP000636

Justia Opinion Summary: The Supreme Court affirmed the court of appeals’ decision affirming the circuit court’s dismissal of Koss Corporation’s claim that Park Bank acted in bad faith in processing transactions initiated by Sujata Sachdeva and...

Steadfast Insurance Co. v. Greenwich Insurance Co.  
Date: January 25, 2019
Docket Number: 2016AP001631

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the circuit court’s grant of summary judgment to Steadfast Insurance Company giving Steadfast the right to recover fr...

Myers v. Wisconsin Department of Natural Resources  
Date: January 18, 2019
Docket Number: 2016AP001517

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals, holding that the Wisconsin Department of Natural Resources (DNR) did not have the authority to unilaterally amend the pier permit of Philip and Terrie Myer...

Yacht Club at Sister Bay Condominium Ass’n, Inc. v. Village of Sister Bay  
Date: January 18, 2019
Docket Number: 2017AP000140

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the circuit court’s order dismissing Petitioner’s complaint against the Village of Sister Bay alleging that some summ...

Office of Lawyer Regulation v. Joseph R. Laumann
Date: January 18, 2019
Docket Number: 2018AP001478-D
Engelhardt v. City of New Berlin  
Date: January 4, 2019
Docket Number: 2016AP000801

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the circuit court’s denial of summary judgment to the City of New Berlin and the New Berlin Parks and Recreation Department (collectively, New Ber...

State v. Wiskerchen  
Date: January 4, 2019
Docket Number: 2016AP001541-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court’s restitution order of $8,487.41 against Defendant for losses caused by his burglary of a residence, holding that the circuit co...

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