News

The Wisconsin Supreme Court has voted to accept four new cases, and the Court acted to deny review in a number of other cases. The case numbers, counties of origin and the issues presented in granted cases are listed below. More information about pending appellate cases can be found on the Wisconsin Supreme Court and Court of Appeals Access website. Published Court of Appeals opinions can be found here, and the status of pending Supreme Court cases can be found here.

2019AP882 City of Mayville v. State of Wisconsin DOA
Supreme Court case type: Petition for Review and Cross Petition for Review
Court of Appeals: District IV
Circuit Court: Dodge County, Judge Joseph G. Sciascia, affirmed.
Long caption: City of Mayville, Petitioner-Respondent v. State of Wisconsin Department of Administration, Respondent-Appellant-Petitioner, Village of Kekoskee, Respondent-Co-Appellant-Petitioner

Issues presented:
The DOA filed a petition for review raising these issues:

1. Did DOA validly approve a Wis. Stat. § 66.0307 cooperative plan that changed the boundary between two municipalities by entirely eliminating it?
2. Did Mayville have standing under ch. 227, Stats., to challenge DOA's approval of the plan?

The Village of Kekoskee filed a petition for review raising these issues:

1. Whether DOA properly approved the cooperative plan boundary agreement between the Village of Kekoskee and the Town of Williamstown pursuant to Wis. Stat. § 66.0307.
2. Whether Mayville had standing to challenge DOA's decision to approve the cooperative plan even though Mayville was neither a party to the cooperative plan nor a third-party beneficiary of it.

2019AP2061-CR State v. Rotolo
Supreme Court case type: Petition for Review
Court of Appeals: District II
Circuit Court: Winnebago County, Judge Barbara H. Key
Long caption: State of Wisconsin, Plaintiff-Respondent, v. Brian Vincent Rotolo, Defendant-Appellant-Petitioner

Issue presented:
Does the Lonkoski¹ standard for whether an individual is "in custody" for purposes of Miranda² apply in all Fifth Amendment inquiries, or does a different test apply when the person is detained pursuant to a Terry³ stop?

2020AP616-CR State v. Schmidt
Supreme Court case type: Bypass
Court of Appeals: District II
Circuit Court: Walworth County, Judge Philip A. Koss
Long caption: State of Wisconsin, Plaintiff-Respondent v. Anthony M. Schmidt, Defendant-Appellant

Issues presented:

1. Does Wis. Stat. § 973.042(1) (the child pornography surcharge statutes) permit the circuit court to impose a child pornography surcharge for an offense that is "read in" for sentencing purposes?
2. Is the child pornography surcharge a punishment that must be explained during a plea colloquy? If so, was Mr. Schmidt entitled to a hearing on his claim that the plea colloquy was deficient in this case?

2020AP2038 Trump v. Biden (Decision filed Dec. 14, 2020)
Supreme Court case type: Bypass
Court of Appeals: District I
Circuit Court: Milwaukee County, Reserve Judge Stephan A. Simanek
Long caption: Donald J. Trump, Michael R. Pence and Donald J. Trump for President, Inc., Plaintiffs-Appellants v. Joseph R. Biden, Kamala D. Harris, Milwaukee County Clerk c/o George L. Christenson, Milwaukee County Board of Canvassers c/o Tim Posnanski, Wisconsin Elections Commission, Ann S. Jacobs, Dane County Clerk c/o Scott McDonell and Dane County Board of Canvassers c/o Alan Arnsten, Defendants-Respondents

Review denied: The Supreme Court denied review in the following cases. As the state's law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:

Brown
19AP516-CR State v. Johnson

Burnett
20AP2 Burnett County v. D.S.

Dane
19AP858-859-CR/ State v. Ziegler
19AP870
20AP1927-OA Gymfinity v. Dane County–Justice Brian Hagedorn concurs; Chief Justice Patience Drake Roggensack, Justice Annette Kingland Ziegler, and Justice Rebecca Grassl Bradley dissent.
20AP1930-OA Wisconsin Voters Alliance v. WI Elections Commission–Justice Ann Walsh Bradley, Justice Rebecca Frank Dallet, Justice Brian Hagedorn, and Justice Jill J. Karofsky concur; Chief Justice Patience Drake Roggensack, Justice Annette Kingsland Ziegler, and Justice Rebecca Grassl Bradley dissent.
20AP1958-OA Mueller v. Jacobs–Chief Justice Patience Drake Roggensack, Justice Annette Kingsland Ziegler, and Justice Rebecca Grassl Bradley dissent.
20AP1971-OA Trump v. Evers–Justice Brian Hagedorn concurs; Chief Justice Patience Drake Roggensack, Justice Annette Kingsland Ziegler, and Justice Rebecca Grassl Bradley dissent.

Dodge
19AP804 State v. Douglas

Green
19AP2119-CR State v. Leopold

Kenosha
19AP442 Peterson v. PDQ Food Stores, Inc.

La Crosse
19AP2174-CR State v. Vaaler

Marinette
19AP1380-1381-CR State v. Goldsmith

Milwaukee
16AP2048-CRNM State v. Rogers
17AP2079-2080 State v. Thames–Justice Rebecca Frank Dallet did not participate.
19AP89-CR State v. Woodson
19AP306-CR State v. Ortega
19AP342-CR State v. Westley
19AP1769-CR State v. Fitzgerald

Rock
19AP355-CR State v. Stanley

Shawano
20AP1435-W Depaoli v. Jess

Sheboygan
19AP1091-CR State v. Drunasky

Waukesha
19AP870 Mains v. Russ Darrow Group–Justice Annette Kingsland Ziegler did not participate.

Waushara
20AP1611-W Schmidt v. Zuehlke

Winnebago
19AP2430-FT Heaney v. Oshkosh Business Center

¹ State v. Lonkoski, 2013 WI 30, 346 Wis. 2d 523, 828 N.W.2d 552.
²Miranda v. Arizona, 384 U.S. 436 (1966).
³Terry v. Ohio, 392 U.S. 1 (1968).

Contact:
Tom Sheehan
Court Information Officer
(608) 261-6640