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.

2018AP942-CR State v. Spencer
Supreme Court case type:  Petition for Review
Court of Appeals:  District I
Circuit Court:  Milwaukee County, Judge Stephanie Rothstein, affirmed in part; reversed in part; cause remanded with directions
Long caption:  State of Wisconsin, Plaintiff-Respondent-Cross-Petitioner, v. Robert Daris Spencer, Defendant-Appellant-Petitioner

Issues presented:      

1. Was the court of appeals correct that the trial court's assumed unconstitutional ex parte communication with, and dismissal of, the only African-American on the defendant's jury, was subject to harmless error analysis; and, if so, was the court of appeals correct that the dismissal of the juror constituted harmless error?
2. Did the trial court violate the defendant's constitutional rights and/or erroneously exercise its discretion when it considered the race of the defendant and of trial participants when justifying the juror's dismissal?
3. After the close of evidence but before deliberations began, the circuit court questioned a sick juror in chambers, outside the presence of counsel.  The court then conferred with counsel for both sides.  Everyone agreed to wait for a while. Defense counsel also posed a question for the juror, which the court relayed.  Upon being satisfied that the juror was sick, the court excused her for cause.

If Defendant-Appellant-Petitioner Robert Daris Spencer's right to counsel was denied at a critical state, was that error harmless?

1. Did the circuit court's decision dismissing the sick juror violate Spencer's rights to due process and equal protection, or constitute an erroneous exercise of discretion?

2019AP2236 Rave v. SVA Healthcare
Supreme Court case type:  Petition for Review
Court of Appeals:  District I
Circuit Court:  Milwaukee County, Judge Mary E. Triggiano, affirmed
Long caption: Timothy Rave, Plaintiff-Respondent, v. SVA Healthcare Services, LLC, Defendant-Appellant-Petitioner

Issues presented:      

1. Did the trial court erroneously exercise its discretion when it granted Plaintiff-Respondent Timothy Rave's ("Rave") motion to certify class despite the fact that defenses like the statute of limitations and lack of standing bar Rave's claim against SVA making him an inadequate class representative?
2. Did the trial court erroneously exercise its discretion when it granted Rave's motion to certify a class despite the fact that the class definition was overbroad and failed to meet the predominance and superiority requirements of Wis. Stat. § 803.08(2)(c) at the time the court granted certification?

2020AP2081-AC Wisconsin Manufacturers & Commerce v. Evers
2020AP2103-AC
Supreme Court case type:  Petition for Review
Court of Appeals:  District II [District IV Judges]
Circuit Court:  Waukesha County, Judge Lloyd Carter, reversed and remanded with directions
Long captions: 

2020AP2081-AC
Wisconsin Manufacturers and Commerce, Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau, Plaintiffs-Respondents-Petitioners v. Tony Evers, in his official capacity as Governor of Wisconsin, Karen Timberlake, in her official capacity as Interim Secretary of the Wisconsin Department of Health Services and Joel Brennan, in his official capacity as Secretary of the Wisconsin Department of Administration, Defendants, Milwaukee Journal Sentinel, Intervenor-Appellant

2020AP2103-AC
Wisconsin Manufacturers and Commerce, Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau, Plaintiffs-Respondents-Petitioners v. Tony Evers, in his official capacity as Governor of Wisconsin, Karen Timberlake, in her official capacity as Interim Secretary of the Wisconsin Department of Health Services and Joel Brennan, in his official capacity as Secretary of the Wisconsin Department of Administration, Defendants-Appellants, Milwaukee Journal Sentinel, Intervenor

Issues presented:      

1. Whether the Associations sufficiently alleged a justiciable controversy under the Uniform Declaratory Judgments Act.
2. Whether the right to challenge a records release under the Uniform Declaratory Judgments Act survived the enactment of Wis. Stat. § 19.356, which states that "[e]xcept as ...otherwise provided by statute ...no person is entitled to judicial review of the decision of an authority to provide a requester with access to a record."

2021AP802 Waity v. Vos
Supreme Court case type:  Bypass
Court of Appeals:  District III
Circuit Court:  Dane County, Judge Stephen E. Ehlke
Long caption:  Andrew Waity, Judy Ferwada, Michael Jones, and Sara Bringman, Plaintiffs-Respondents v. Devin LeMahieu, in his official capacity, and Robin Vos, in his official capacity, Defendants-Appellants-Petitioners

Issues presented:      

1. Whether Wis. Stat. §16.74 gives the Legislature—acting through its leadership—the authority to enter into those "contract[s]" for legal "services" that the Legislature determines to be "required within the legislative branch."  Wis. Stat. §16.74(1), (2)(a)-(b).
2. Whether the Wisconsin Constitution gives the Legislature—acting through its leadership—the authority to enter into those contracts for legal services that the Legislature determines to be necessary for the discharge of its constitutional duties.
3. Whether Wis. Stat. §20.765 gives the Legislature—acting through its leadership—the authority to enter into those contracts for legal services that the Legislature determines to be necessary for carrying out its "functions."  Wis. Stat. §20.765(1)(a)-(b).
4. Whether Wis. Stat. §13.124 gives the Legislature—acting through its leadership—the authority to obtain legal advice for impending, but not yet filed, litigation.
5. Whether the Circuit Court erroneously exercised its discretion in failing to stay its summary judgment Order pending appeal.

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:

2018AP183-CR State v. Wilson
2018AP956-CRNM State v. Gray
2018AP957-CRNM
2018AP982-CRNM State v. Stalling
2018AP2157-CR State v. Johnson
2018AP2226-CRNM State v. Weaver
2018AP2355-CR State v. Kuehn (Justice Patience Drake Roggensack did not participate)
2019AP240-CRNM State v. Johnson
2019AP1169-CR State v. Gebhart
2019AP1395-CR State v. Cotto
2019AP1433 Niemi v. Hying
2019AP1451-CR State v. Strenke
2019AP1593-CR State v. Gogin
2019AP1794 State v. Martin (Justice Rebecca Frank Dallet did not participate)
2019AP2105-CR State v. Angelici
2019AP2120-CR State v. Frazier
2019AP2199 State v. McGinnis
2019AP2238-CR State v. Anthony
2019AP2350-CR State v. Hogan
2020AP72-W Rivera v. Richardson (Justice Rebecca Frank Dallet did not participate)
2020AP84-CR State v. Douglas
2020AP290-NM Outagamie County v. C.J.A.
2020AP344-CR State v. Hughes
2020AP578-CR State v. Peterson
2020AP1132-CR State v. Premo
2020AP1149 Bank of New York Mellon v. Glavin
2020AP1252-CR State v. Barnes
2020AP1796 State v. Jacobs (Justice Ann Walsh Bradley did not participate)
2020AP1797
2020AP1888-CRNM State v. Torres
2020AP2004 Pierce County DHS v. M.K.
2021AP136 State v. V.S.
2021AP881-W Juarez v. Schmaling (WHC)
2017AP770-CRNM State v. McGowan
2018AP1730-CR State v. Vang
2019AP158-CRNM State v. Biami
2019AP1350 Portage County Cmty. Sch. Dist. v. O'Grady
2019AP1716-CR State v. Campbell
2019AP1761-CR State v. Gates
2019AP1878 Klein v. Town of Trempealeau
2019AP2077-CR State v. Simpson
2019AP2091-CR State v. Jackson
2020AP58-CR State v. Lloyd
2020AP64-W Thornton v. Meisner
2020AP385-CR State v. McBride
2020AP386-CR
2020AP1251 Hoeller v. Perrault
2020AP1638 State v. G.R.H.
2019AP395-CR  State v. Famakinwa
2019AP1280 State v. Devroy (Justice Rebecca Frank Dallet did not participate)
2019AP1464 Newson v. Foster
2019AP2005-CR State v. Reveles
2020AP117-W Weatherall v. Foster (Justice Patience Drake Roggensack did not participate)
2020AP160-CR State v. Engen
2020AP206-CR State v. Jones
2020AP259-CR  State v. Love
2020AP363-CR State v. Hyatt
2020AP480-CR State v. Gant
2020AP481-CR
2020AP916 Kurtz v. Wis. Bank and Trust
2020AP1085 Rock Cty. v. J.J.K.
2020AP1574 Mucha v. Kurtz
2021AP158 Sheboygan County DH & HS v. S.K.
2017AP712 State v. Jackson (Justice Ann Walsh Bradley dissents)
2019AP1214 Stingley v. Laczkowski
2020AP79-CRNM State v. Powers
2020AP1155-CR State v. Carl
2021AP1118-W  LeMahieu v. COA District III (WSU)

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