Wisconsin Supreme Court Decisions 2020

Office of Lawyer Regulation v. Christopher S. Petros
Date: July 22, 2020
Docket Number: 2019AP000565-D
Office of Lawyer Regulation v. Wendy Alison Nora
Date: July 14, 2020
Docket Number: 2015AP002442-D
Bartlett v. Evers  
Date: July 10, 2020
Docket Number: 2019AP001376-OA

Justia Opinion Summary: In this original action requesting a declaration that the governor exceeded his constitutional authority in partially vetoing appropriation bills the Supreme Court declared that the vetoes to the school bus modernization...

Wisconsin Small Businesses United, Inc. v. Brennan  
Date: July 10, 2020
Docket Number: 2019AP002054-OA

Justia Opinion Summary: The Supreme Court dismissed this original action challenging whether two partial vetoes in the 2017-19 biennial budget exceeded the governor's constitutional authority, holding that this action was barred by the equitabl...

Papa v. Wisconsin Department of Health Services  
Date: July 9, 2020
Docket Numbers: 2017AP000634, 2016AP002082

Justia Opinion Summary: In this case requiring the Supreme Court to determine the scope of the authority of the Wisconsin Department of Health Services (DHS) to recoup payments made to Medicaid service providers the Supreme Court held that DHS...

Service Employees International Union, Local 1 v. Vos  
Date: July 9, 2020
Docket Numbers: 2019AP000622, 2019AP000614-LV

Justia Opinion Summary: In this case arising from the enactment of 2017 Wis. Act 369 and 2017 Wis. Act 370 the Supreme Court held that Plaintiffs did not meet their high burden to demonstrate that the challenged provisions were unconstitutional...

State v. Muth  
Date: July 7, 2020
Docket Number: 2018AP000875-CR

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming in part the order of the circuit court that Appellant pay restitution to the victims of his crime, holding that a civ...

State v. Brown  
Date: July 3, 2020
Docket Number: 2017AP000774-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction for possession with intent to deliver cocaine, holding that the Wisconsin Constitution permits law enforcement to ask drive...

State v. Dobbs  
Date: July 3, 2020
Docket Number: 2018AP000319-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of homicide by intoxicated use of a vehicle, holding that the circuit court did not err in its evidentiary rulings. On app...

Town Of Delafield v. Central Transport Kriewaldt  
Date: June 26, 2020
Docket Number: 2017AP002525

Justia Opinion Summary: The Supreme Court held that the implementation and enforcement of the Town of Delafield's seasonal weight limitations on certain Town roads as authorized by the Town's ordinance did not conflict with and therefore was no...

State v. Brooks  
Date: June 25, 2020
Docket Number: 2018AP001774-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the circuit court's denial of Defendant's suppression motion, holding that the deputies in this case were not acting as bona fide community careta...

David E. Hammer v. Board of Bar Examiners
Date: June 25, 2020
Docket Number: 2019AP001974-BA
Office of Lawyer Regulation v. Peter J. Kovac
Date: June 23, 2020
Docket Number: 2018AP001872-D
Skindzelewski v. Smith  
Date: June 18, 2020
Docket Number: 2018AP000623

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of summary judgment in favor of Defendant, Plaintiff's former criminal defense attorney, on Plaintiff's legal malpractic...

Miller v. Carroll  
Date: June 16, 2020
Docket Number: 2017AP002132

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's denial of Father's motion for reconsideration of the circuit court's ruling in favor of Mother in a custody dispute, holding t...

Quick Charge Kiosk LLC v. Kaul  
Date: June 12, 2020
Docket Number: 2018AP000947

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Quick Charge Kiosk, LLC's action seeking a declaration that its kiosks, which enabled customers to pay for an opportunity to win money through a video...

OLR v. Stanley Whitmore Davis
Date: June 12, 2020
Docket Number: 2018AP002417-D
Warren v. Meisner  
Date: June 11, 2020
Docket Number: 2019AP000567-W

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals denying Appellant's petition for habeas corpus after Appellant previously sought Wis. Stat. 974.06 postconviction relief without success, holding that the c...

State v. Coffee  
Date: June 5, 2020
Docket Number: 2018AP001209-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the decision of the circuit court denying Defendant's motion to suppress evidence obtained from a warrantless search of Defendant's vehicle incide...

Office of Lawyer Regulation v. Elvis C. Banks
Date: June 3, 2020
Docket Number: 2002AP001871-D
State v. Gutierrez  
Date: June 3, 2020
Docket Number: 2017AP002364-CR

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the judgment of conviction entered against Defendant, holding that the court of appeals erred in reversing the circui...

Office of Lawyer Regulation v. Robert C. Menard
Date: May 29, 2020
Docket Number: 2018AP000659-D
Office of Lawyer Regulation v. Diane R. Caspari
Date: May 28, 2020
Docket Number: 2019AP001175-D
Office of Lawyer Regulation v. Peter J. Kovac
Date: May 27, 2020
Docket Number: 2016AP002522-D
Emer's Camper Corral, LLC v. Western Heritage Insurance Co.  
Date: May 21, 2020
Docket Number: 2018AP000458

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court directing a verdict in favor of Defendant, an insurance agent, on Plaintiff's claim that Defendant was negligent...

City of Cedarburg v. Ries B. Hansen
Date: May 20, 2020
Docket Number: 2018AP001129
Correa v. Woodman's Food Market  
Date: May 19, 2020
Docket Number: 2018AP001165

Justia Opinion Summary: In this personal injury action, the Supreme Court held that a plaintiff need not prove the exact moment the unsafe condition commenced so long as the evidence is sufficient to prove it existed long enough to give the def...

Wisconsin Legislature v. Palm  
Date: May 13, 2020
Docket Number: 2020AP000765-OA

Justia Opinion Summary: The Supreme Court held that Andrea Palm's order confining all people to their homes, forbidding travel, and closing businesses in response to the COVID-19 coronavirus (Emergency Order 28) was unenforceable because the or...

Barney v. Mickelson  
Date: April 24, 2020
Docket Number: 2017AP001616

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court dismissing Plaintiffs' medical malpractice action, holding that the circuit court did not err in instructing the...

Langlade County v. D.J.W.  
Date: April 24, 2020
Docket Number: 2018AP000145-FT

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the circuit court's order extending Petitioner's involuntary commitment, holding that the evidence introduced at the recommitment hearing was insu...

Office of Lawyer Regulation v. Robert B. Moodie
Date: April 22, 2020
Docket Number: 2018AP001781-D
State v. Harrison  
Date: April 17, 2020
Docket Numbers: 2017AP002441-CR, 2017AP002440-CR

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing an order of the circuit court that granted sentence credit to Defendant, holding that the court of appeals correctly...

Office of Lawyer Regulation v. Patrick J. Hudec
Date: April 16, 2020
Docket Number: 2019AP001173-D
Pulkkila v. Pulkkila  
Date: April 14, 2020
Docket Number: 2018AP000712-FT

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals applying a constructive trust to proceeds Lynnea Landsee-Pulkkila collected from a life insurance policy maintained by her late husband, James Pulkkila, hol...

Winnebago County v. C.S.  
Date: April 10, 2020
Docket Number: 2016AP001982

Justia Opinion Summary: The Supreme Court held that Wis. Stat. 51.61(1)(g), which permits the involuntary medication of an incompetent but non-dangerous inmate, is facially unconstitutional for any inmate who is involuntarily committed based on...

OLR v. Jesse Jon Johansen
Date: April 9, 2020
Docket Number: 2018AP002416-D
OLR v. Willem James Noorlander
Date: April 9, 2020
Docket Number: 2019AP001771-D
Piper v. Jones Dairy Farm  
Date: March 19, 2020
Docket Number: 2018AP001681

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court concluding that Employees' time spent "donning and doffing" personal protective equipment was compensable, holding that the circui...

State v. Kelly James Kloss
Date: March 6, 2020
Docket Number: 2018AP000651-CR
Lang v. Lions Club of Cudahy Wisconsin, Inc.  
Date: March 5, 2020
Docket Number: 2017AP002510

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court concluding that Fryed Audio, LLC was entitled to recreational immunity from Plaintiff's tort action, holding tha...

State v. Schultz  
Date: March 4, 2020
Docket Number: 2017AP001977-CR

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals rejecting Defendant's assertion that his second criminal prosecution violated the constitutional proscription of double jeopardy, holding that the State's s...

DSG Evergreen Family Limited Partnership v. Town of Perry  
Date: February 27, 2020
Docket Number: 2017AP002352

Justia Opinion Summary: In this case involving the Town of Perry's alleged failure to construct a proper road as promised when exercising its power of eminent domain the Supreme Court held that Wis. Stat. 82.50(1) does not impose obligations on...

Waukesha County v. J.J.H.
Date: February 27, 2020
Docket Number: 2018AP000168
State v. Brantner  
Date: February 25, 2020
Docket Number: 2018AP000053-CR

Justia Opinion Summary: In this criminal case, the Supreme Court affirmed in part and reversed in part the decision of the court of appeals, holding that venue in Fond du Lac County was proper but that two of the charges on which the jury convi...

Office of Lawyer Regulation v. Michael M. Krill
Date: February 20, 2020
Docket Number: 2017AP002435-D
Office of Lawyer Regulation v. Richard E. Reilly
Date: February 20, 2020
Docket Number: 2018AP001176-D
Office of Lawyer Regulation v. Tracey A. B.
Date: February 19, 2020
Docket Number: 2019AP002271-D
State v. Neill  
Date: February 14, 2020
Docket Number: 2018AP000075-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming a $4,800 fine imposed by the circuit court upon sentencing Defendant for third-offense OWI, holding that the court of appeals erred in interpretin...

Town of Wilson v. City of Sheboygan  
Date: February 14, 2020
Docket Number: 2018AP002162

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court concluding that an annexation of 247 acres of land to the City of Sheboygan satisfied the statutory contingency requirement, the rule of reason, and the proced...

State v. Counihan  
Date: February 13, 2020
Docket Number: 2017AP002265-CR

Justia Opinion Summary: The Supreme Court modified the decision of the court of appeals affirming Appellant's judgment of conviction and the denial of her motion for postconviction relief and affirmed as modified, holding that Appellant appropr...

Choinsky v. Germantown School District Board of Education  
Date: February 13, 2020
Docket Number: 2018AP000116

Justia Opinion Summary: In this insurance coverage duty-to-defend dispute the Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment denying the motion for attorney fees filed by the Germantown School...

City of Cedarburg v. Hansen  
Date: February 11, 2020
Docket Number: 2018AP001129

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court vacating Defendant's 2005 conviction by the Mid-Moraine Municipal Court of operating while intoxicated (OWI) in violation of a City of Cedarburg ordinance, holdin...

Office of Lawyer Regulation v. Robert W. Horsch
Date: February 7, 2020
Docket Number: 2019AP001775-D
Mueller v. TL90108, LLC  
Date: February 4, 2020
Docket Number: 2017AP001962

Justia Opinion Summary: In this case involving a stolen 1938 Talbot Lago automobile the Supreme Court held that a true owner can maintain a replevin action for wrongful detention against a subsequent purchaser of converted property and that a c...

Marathon County v. D. K.  
Date: February 4, 2020
Docket Number: 2017AP002217

Justia Opinion Summary: In this review of the court of appeals' decision affirming the circuit court's orders for involuntary commitment and involuntary medication and treatment of D.K. the Supreme Court held that there was clear and convincing...

Wisconsin Judicial Commission v. Gorski  
Date: January 30, 2020
Docket Number: 2019AP000199-J

Justia Opinion Summary: In this judicial disciplinary proceeding, the Supreme Court adopted a Judicial Conduct Panel's findings of fact, agreed that those facts demonstrated that Honorable Kenneth W. Gorski, a part-time commissioner for the Wo...

Office of Lawyer Regulation v. Terry L. Constant
Date: January 28, 2020
Docket Number: 2017AP000666-D
Veritas Steel, LLC v. Lunda Construction Co.  
Date: January 15, 2020
Docket Number: 2017AP000822

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of summary judgment to Veritas Steel, LLC on Lunda Construction Company's successor liability claim, holding that neithe...

State v. Coffee  
Date: January 9, 2020
Docket Number: 2017AP002292-CR

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's order denying Defendant's postconviction motion for resentencing, holding that Defendant did not forfeit his ability to challe...

Hinrichs v. DOW Chemical Co.  
Date: January 9, 2020
Docket Number: 2017AP002361

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Chris Hinrichs and Autovation Limited's (collectively, Hinrichs) common law misrepresentation claims against the...

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