Wisconsin Supreme Court Decisions 2021

State v. Prado  
Date: June 18, 2021
Docket Number: 2016AP000308-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals determining that Wisconsin's incapacitated driver provision contained within the implied consent statute, Wis. Stat. 343.305, was unconstitutional, holding...

State v. Schmidt  
Date: June 18, 2021
Docket Number: 2020AP000616-CR

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court imposing a child pornography surcharge for fourteen images of child pornography and the order denying plea withdrawal, holding that there was no error. Appell...

State v. Vice  
Date: June 16, 2021
Docket Number: 2018AP002220-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the decision of the circuit court granting Defendant's motion to suppress certain statements that he made during a post-polygraph interview, holdi...

State v. Johnson  
Date: June 16, 2021
Docket Number: 2018AP002318-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing Defendant's conviction of first-degree reckless homicide and ordering a new trial, holding that the circuit court erred in failing to instruct the...

State v. Lickes  
Date: June 15, 2021
Docket Number: 2019AP001272-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's order expunging three of Defendant's convictions, holding that the circuit court erred in expunging Defendant's convictions be...

State v. Beyer  
Date: June 15, 2021
Docket Number: 2019AP001983-CR

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court convicting Defendant of ten counts of possession of child pornography, holding that Defendant could not be held to a stipulation he entered in circuit court be...

City of Mayville v. State of Wisconsin Department of Administration  
Date: June 11, 2021
Docket Number: 2019AP000882

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court that reversed the Department of Administration's approval of a cooperative plan (Plan) between the Village of Kekos...

St. Ambrose Academy, Inc. v. Parisi  
Date: June 11, 2021
Docket Numbers: 2020AP001446-OA, 2020AP001420-OA, 2020AP001419-OA

Justia Opinion Summary: The Supreme Court vacated the portions of the emergency order issued by Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County, restricting or prohibiting in-person instruct...

Eau Claire County Department of Human Services v. S. E.  
Date: June 10, 2021
Docket Number: 2019AP000894

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals agreeing with the circuit court that the amended version of Wis. Stat. 48.415(2)(a)3 applied during Mother's termination of parental rights (TPR) proceeding...

Office of Lawyer Regulation v. Christopher S. Petros
Date: June 9, 2021
Docket Number: 2020AP000725-D
Southport Commons, LLC v. Wisconsin Department of Transportation  
Date: June 8, 2021
Docket Number: 2019AP000130

Justia Opinion Summary: In this inverse condemnation complaint brought by a property owner, the Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of a motion for judgment on the pleadings filed by t...

Kemper Independence Insurance Co. v. Islami  
Date: June 8, 2021
Docket Number: 2019AP000488

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 Kemper Independence Insurance Company denying coverage to Appellant for the loss of her...

Southwest Airlines Co. v. State Department of Revenue  
Date: June 8, 2021
Docket Number: 2019AP000818

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's determination that Southwest Airlines and AirTran Airways (collectively, Southwest) does not qualify for the "hub facility" pr...

Office of Lawyer Regulation v. John Hotvedt
Date: June 4, 2021
Docket Number: 2016AP000048-D
State v. Genous  
Date: June 4, 2021
Docket Number: 2019AP000435-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court denying Defendant's motion to suppress certain firearm evidence on the grounds that the police officer lacked re...

State v. VanBeek  
Date: June 4, 2021
Docket Number: 2019AP000447-CR

Justia Opinion Summary: The Supreme Court reversed the circuit court's judgment of conviction of Defendant for possession of methamphetamine and drug paraphernalia and remanded with instructions to grant Defendant's motion to suppress, holding...

Collison v. City of Milwaukee Board of Review  
Date: June 2, 2021
Docket Number: 2018AP000669

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the determination of the City of Milwaukee Board of Review that Petitioner's property was properly assessed at a value of $31,800, holding that th...

OLR v. Christopher A. Mutschler
Date: May 25, 2021
Docket Number: 2010AP001939-D
Office of Lawyer Regulation v. Joseph M. Capistrant
Date: May 25, 2021
Docket Number: 2020AP001007-D
Graef v. Continental Indemnity Co.  
Date: May 20, 2021
Docket Number: 2018AP001782

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court ruling that the exclusive-remedy provision of the Wisconsin Worker's Compensation Act, Wis. Stat. 102.03(2), did...

Stroede v. Society Insurance  
Date: May 18, 2021
Docket Numbers: 2018AP002371, 2018AP001880

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court denying summary judgment to Jacob Tetting and his insurer, concluding that Tetting, who was an occupant of a bar when he injured another person, was not an "ot...

United America, LLC v. Wisconsin Department of Transportation  
Date: May 18, 2021
Docket Number: 2018AP002383

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals holding that a diminution in property value that results from changing the grade of a highway abutting the property does not qualify as "damages to the land...

State v. Matthews  
Date: May 14, 2021
Docket Number: 2018AP002142

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals affirming the ruling of the circuit court concluding that Defendant's request for a judicial substitution under Wis. Stat. 801.58(1) was untimely filed, hol...

Fond du Lac County v. S.N.W.
Date: May 7, 2021
Docket Number: 2019AP002073
State v. Christen  
Date: May 4, 2021
Docket Number: 2019AP001767-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment convicting Defendant of operating or going armed with a firearm while intoxicated, holding that Defendant's argument...

Office of Lawyer Regulation v. Laura L. Waite
Date: April 27, 2021
Docket Number: 2021AP000430-D
Office of Lawyer Regulation v. James C. Ritland
Date: April 22, 2021
Docket Number: 2018AP001832-D
Country Visions Cooperative v. Archer-Daniels-Midland Co.  
Date: April 21, 2021
Docket Number: 2018AP000960

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing in part the circuit court's determination that the price for certain property was $16.6 million and granting County Visions Cooperative fifteen da...

Tavern League of Wisconsin, Inc. v. Palm  
Date: April 14, 2021
Docket Number: 2020AP001742

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court denying The Mix Up's motion for temporary injunctive relief challenging Emergency Order 3 issued by the Departme...

Zignego v. Wisconsin Elections Commission  
Date: April 9, 2021
Docket Numbers: 2020AP000112, 2019AP002397

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's writ of mandamus and contempt orders in this case, holding that Wis. Stat. 6.50(3) does not place a positive and plain duty on...

Office of Lawyer Regulation v. Benjamin J. Harris
Date: April 6, 2021
Docket Number: 2020AP001082-D
Village of Slinger v. Polk Properties, LLC  
Date: April 1, 2021
Docket Number: 2017AP002244

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the order of the circuit court requiring Polk Properties, LLC and its sole member (collectively, Polk) to pay forfeitures for zoning violations, d...

Christus Lutheran Church of Appleton v. Wisconsin Department of Transportation  
Date: April 1, 2021
Docket Number: 2018AP001114

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court reversing the decision of the circuit court granting summary judgment in favor of the Wisconsin Department of Transportation (DOT) and dismissing Plaintiff's a...

Fabick v. Evers  
Date: March 31, 2021
Docket Number: 2020AP001718-OA

Justia Opinion Summary: The Supreme Court held that the multiple states of emergency in response to the COVID-19 pandemic proclaimed in certain executive orders exceeded the powers of Governor Tony Evers and were therefore unlawful. After decl...

State v. Jensen  
Date: March 18, 2021
Docket Number: 2018AP001952-CR

Justia Opinion Summary: The Supreme Court held that the law on testimonial hearsay has not changed in the last fourteen years to such a degree that, at Defendant's new trial, the circuit court was no longer bound by the Supreme Court's decision...

Applegate-Bader Farm, LLC v. Wisconsin Department of Revenue  
Date: March 16, 2021
Docket Number: 2018AP001239

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the circuit court's grant of summary judgment to the Department of Revenue and determining that Applegate-Bader Farm, LLC did not raise a claim th...

State v. Jendusa  
Date: March 10, 2021
Docket Number: 2018AP002357-LV

Justia Opinion Summary: The Supreme Court affirmed the order of the court of appeals denying the State's petition for leave to file an interlocutory appeal of an order of the circuit court granting Defendant's discovery request, holding that th...

Portage County v. E. R. R.
Date: March 9, 2021
Docket Number: 2019AP002033
Office of Lawyer Regulation v. Mark M. Ditter
Date: March 9, 2021
Docket Number: 2020AP000148-D
Office of Lawyer Regulation v. Scott E. Selmer
Date: March 3, 2021
Docket Number: 2015AP002303-D
Office of Lawyer Regulation v. Daniel W. Morse
Date: March 2, 2021
Docket Number: 2016AP001288-D
Office of Lawyer Regulation v. Heather Downs Russell
Date: March 2, 2021
Docket Number: 2019AP001690-D
Office of Lawyer Regulation v. Craig A. Knapp
Date: February 25, 2021
Docket Number: 2019AP001748-D
Ritter v. Farrow  
Date: February 23, 2021
Docket Number: 2018AP001518

Justia Opinion Summary: In this case disputing the ownership of a pair of red bib overalls with a handkerchief hanging out the back pocket and the ownership of the names "Bibs Resort" and "Bibs" the Supreme Court reversed the summary judgment i...

State v. Chambers  
Date: February 23, 2021
Docket Number: 2019AP000411-CR

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's judgment of conviction and order denying Defendant's postconviction motion, holding that Defendant's counsel never conceded De...

Office of Lawyer Regulation v. Stanley Whitmore Davis
Date: February 17, 2021
Docket Number: 2019AP002405-D
Office of Lawyer Regulation v. Daniel Parks
Date: February 11, 2021
Docket Number: 2016AP000085-D
State v. Loayza  
Date: February 11, 2021
Docket Number: 2018AP002066-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing Defendant's judgment of conviction for eighth offense operating while intoxicated (OWI), holding that it was more likely than not that Defendant h...

Waupaca County v. K.E.K.  
Date: February 9, 2021
Docket Number: 2018AP001887

Justia Opinion Summary: The Supreme Court affirmed the circuit court's order extending K.E.K.'s involuntary commitment pursuant to Wis. Stat. 51.20(13)(g)3., holding that Wis. Stat. 51.20(1)(am), the statute upon which Waupaca County relied on...

Mohns Inc. v. BMO Harris Bank National Ass'n  
Date: February 2, 2021
Docket Number: 2018AP000071

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 for judgment in favor of Mohns, Inc. and the award of compensatory damages for breach of co...

State v. Halverson  
Date: January 29, 2021
Docket Number: 2018AP000858-CR

Justia Opinion Summary: The Supreme Court remanded this case to the circuit court with directions to deny Defendant's motion to dismiss, holding that Defendant was not in custody for purposes of Miranda v. Arizona, 384 U.S. 436 (1966), when he...

Office of Lawyer Regulation v. David G. Dudas
Date: January 27, 2021
Docket Number: 2014AP001651-D
Anderson v. Town of Newbold  
Date: January 27, 2021
Docket Number: 2018AP000547

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's order upholding the Town of Newbold's denial of Petitioner's attempt to subdivide his property, holding that the Town ordinanc...

Office of Lawyer Regulation v. William J. Spangler
Date: January 26, 2021
Docket Number: 2014AP002633-D
Office of Lawyer Regulation v. Beth M. Bant
Date: January 26, 2021
Docket Number: 2018AP000540-D
State v. Mercado  
Date: January 20, 2021
Docket Number: 2018AP002419-CR

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the denial of Defendant's motion for postconviction relief on the basis that the video-recorded forensic interviews of Defendant's victims were in...

State v. Roundtree  
Date: January 7, 2021
Docket Number: 2018AP000594-CR

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming Defendant's judgment of conviction and the trial court's denial of Defendant's motion for postconviction relief, holding that the felon-in-possess...

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