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Supreme Court accepts six new cases

Madison, Wisconsin - August 1, 2008

The Wisconsin Supreme Court has voted to accept six new cases. The Court also acted to deny review in a number of cases. The case numbers, issues, and counties of origin are listed below. Court of Appeals’ opinions/certification memos available online for the newly accepted cases are hyperlinked.

2007AP1289-CR State v. Baron
The petition in this case asks the Supreme Court to review if Wisconsin's identity theft statute, Wis. Stat. § 943.201, violates petitioner Christopher D. Baron's First Amendment right to defame a public official by criminalizing Baron's unauthorized use of a public official's personal identifying information to send email messages intended to defame that public official? From Jefferson County.

2006AP3003 Amer. Family v. Golke
This certification from the District IV Court of Appeals asks the Supreme Court to review two questions resulting from litigation after a house fire: Under what circumstances may evidence crucial to a potential legal claim be destroyed; and what notice must be given to a civil litigant before the evidence is destroyed? From Waupaca County.

2007AP400-CR State v. Tody
The petition in this case raises several questions for review by the Supreme Court. Among them: Was the defendant deprived of his right to a fair and impartial jury where the judge denied the defendant’s motion to strike the judge’s mother as a juror and where the judge commented during voir dire that he considered himself “part of law enforcement;” should the trial judge have recused himself from deciding the defendant’s motion to strike the judge’s mother as a juror; and should the Supreme Court exercise its superintending authority to prohibit judges’ immediate family members from serving on juries? Justice Louis B. Butler Jr. did not participate. From Ashland County.

2007AP1042-CR State v. Payano
The state seeks review of a decision reversing the conviction of Tony Payano on one count of second-degree reckless injury while using a dangerous weapon, and two counts of second-degree reckless endangering safety while using a dangerous weapon. The petition lists the following questions for review: Under State v. Sullivan, 216 Wis.2d 768, 576 N.W.2d 30 (1998), is “other acts” evidence admissible to provide context and rebut a self-defense claim, when the evidence was relevant to explain what the police were doing at Payano’s residence and what Payano knew at the time; and under Sullivan’s independent review doctrine, did the Court of Appeals independently search the record for other bases to sustain the circuit court’s discretionary decision to admit the evidence? From Milwaukee County.

2007AP983 Heritage Farms v. Markel Ins.
The petition, which resulted from litigation after a forest fire, lists two issues for review: Does Wis. Stat. § 26.21(1) apply to all tortfeasors or only to “railroad corporations?” and does Wis. Stat. § 26.21(1) apply to all negligence or only to “gross negligence?” From Waushara County.

2007AP2095-CR State v. Ferguson
In this case, the state asks the Supreme Court to review of a Court of Appeals' decision reversing a circuit court conviction of Kelly Ferguson for obstructing an officer and remanding the matter to the circuit court for a new trial.

The state's petition lists four issues for review: Is supreme court review warranted because the Court of Appeals decision directly conflicts with this court's holding in State v. Hughes, 2000 WI 24, ¶24, 233 Wis. 2d 280, 607 N.W.2d 621, and other cases that the constitutionality of Ferguson's arrest is a question of law, and because the record demonstrates that the arrest was constitutional as a matter of law; is supreme court review warranted because the court of appeals decision directly conflicts with State v. Annina, 2006 WI App 202, 296 Wis. 2d 599, 723 N.W.2d 708; and is Supreme Court review warranted because the Court of Appeals’ decision directly conflicts with State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998)? From Marathon County.

Review denied: The Supreme Court denied review in the following cases. Supreme Court review is a matter of judicial discretion, not of right, and will be granted only when special and important reasons are presented. As the state’s law-developing court, the Supreme Court exercises its discretion to consider for review only those cases that fit certain criteria, but these criteria neither control nor fully measure the Court’s discretion (see Wis. Stat. (rule) § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court.


  • 2008AP1317W Hudson v. Nickel Dane
  • 2006AP2103 Scheib v. Peterson
  • 2007AP740-CR State v. Alexander
    Justice Louis B. Butler, Jr. did not participate.
  • 2007AP1761 State v. Terry
  • 2007AP818-CR State v. Post
  • 2008XX464 State v. Hagberg
  • 2008AP1285-W Maldonado v. Wis. DOC
  • 2008AP1286-W Maldonado v. Cir. Ct. for Dane Co.


  • 2007AP2271-CR State v. Bartlett


  • 2007AP2022-CR State v. Hathaway

Eau Claire

  • 2007AP897-CR State v. Thompson
  • 2007AP1326 Marquardt v. Schindler
  • 2007AP2448 State v. Yourchuck
  • 2008AP396-W Rios v. Lundquist

Fond du Lac

  • 2008AP1429-W Anderson v. Cir. Ct. for Fond du Lac Co.
    Justice N. Patrick Crooks did not participate.


  • 2007AP381 State v. Gruenberg
  • 2007AP457-CR State v. Nipple


  • 2007AP2058 State v. Logan R.C.


  • 2006AP2987 Wildes v. Juneau Co. v. Humane Society


  • 2008AP1365-W Buchanan v. Hermann

La Crosse

  • 2006AP2082 Tarco South v. Collins Outdoor Adv.
    Justice Patience Drake Roggensack did not participate.
  • 2008AP275 La Crosse Co. DHS v. Crystal T. Marathon
  • 2007AP1407-CR State v. Schuetz


  • 2006AP285-CR State v. Harris
  • 2006AP3149 Maynard Steel v. Sheedy
  • 2007AP573 Baker v. State
  • 2007AP679 State v. Jennifer D.
  • 2007AP720-CR State v. Cross
  • 2007AP1026 State v. Vasquez
  • 2007AP1041-CR State v. Graham
  • 2007AP1415-CR State v. Anderson
  • 2007AP1559 Bellinger v. Wallace
  • 2007AP1578-CR State v. Limon
  • 2007AP1822-CR State v. Bookout
  • 2007AP1995-CR State v. Kuykendoll
  • 2007AP2727 Milwaukee Co. v. Michael L.
  • 2007AP2959 State v. Davis
  • 2008AP1-NM State v. Kenneth G.
  • 2008AP854-W Edwards v. Huibregtse
  • 2008AP1112-W Johnson v. Malone
  • 2008AP1160-W Rogers v. Circ. Ct. for Milwaukee Co.
  • 2008AP1625-W James v. Thurmer


  • 2007AP823 State v. Seibert


  • 2007AP347 Welytok v. Ziolkowski
  • 2007AP2107-CRNM State v. Wills
  • 2008AP1148-W Magritz v. Circ. Ct. for Ozaukee Co.
    Justice Annette Kingsland Ziegler did not participate.


  • 2007AP1194-CR State v. Magee


  • 2007AP1044-CR State v. Brown


  • 2007AP74-CR State v. Baskerville


  • 2006AP2759 Ciarpaglini v. Schwarz
  • 2007AP107/512-CR State v. Pletz
  • 2007AP204-CR State v. Buckley


  • 2007AP2813-CRNM State v. Stratton


  • 2007AP1532-CRNM State v. Poye
  • 2007AP1642 Weidner v. Gen. Motors
    Justice Louis B. Butler, Jr. did not participate.
  • 2008AP1287-W Maldonado v. Hompe

St. Croix

  • 2007AP2530-FT Assoc. Banc-Corp. v. Knodt


  • 2007AP1783-CR State v. Tecza


  • 2007AP367-CR State v. Sims


  • 2006AP2809-CR State v. Stephens
  • 2007AP1295-CR State v. Barden


  • 2005AP994 State v. Pease
  • 2007AP2730 Vill. of Winneconne v. Krahn

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