Wisconsin Supreme Court accepts one new case

Madison, Wisconsin - November 20, 2018

The Wisconsin Supreme Court has voted to accept one new case, and the Court acted to deny review in a number of other cases. The case numbers, issues presented and counties of origin are listed below. A more detailed synopsis of the granted case will be released at a later date. 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 cases pending in the Supreme Court can be found here.

2017AP1206-CR State v. Emmanuel Earl Trammell

Supreme Court case type: Petition for Review
Court of Appeals: District 1
Circuit Court: Milwaukee County, Judge Jeffrey A. Wagner, affirmed
Long caption: State of Wisconsin, Plaintiff-Respondent, v. Emmanuel Earl Trammell, Defendant-Appellant

Issues presented:      

  1. Is this court's holding in its [State v. Avila, 192 Wis. 2d 870, 535 N.W.2d 440 (1995)] decision—that it is "not reasonably likely" that the standard JI-140CR reduces the State's burden of proof—good law; or should it be overruled by this court on the ground that it stands rebutted by empirical evidence?
  2. Whether Wis. Stat. § 805.13(3) bars defendants from raising, post-trial, objections to jury instructions not raised during an instruction conference, if the objections were not known, and could not have been known or discovered, by the time of the conference.

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:

2017AP1008 Hicks v. Estate of Violet M. Hicks

2017AP833-CR State v. Delvoye

2018AP1816-OA Ribble Revocable Living Trust v. City of Menasha

2015AP1339-CR State v. Malm—Justice Rebecca Grassl Bradley and Justice Rebecca Frank Dallet dissent.

2016AP874-CR State v. McGriff
2017AP621-CR State v. Thomas

2017AP2029-CR State v. Rogers

2017AP2146-CR State v. Kupsky

Eau Claire
2016AP2359 Wallace v. Woodford—Chief Justice Patience Drake Roggensack dissents.

2016AP332-CR  State v. Johnson

2016AP733 State v. Burns

2017AP276-CR State v. Flint

2016AP2243-CR State v. Baumann

2017AP211-CR State v. Morgan

2016AP408-CR State v. Below

2014AP2050 Johnson Controls, Inc. v. Central National Insurance Co. of Omaha
2015AP2535-CR State v. Freiboth—Justice Ann Walsh Bradley did not participate.
2016AP57-CRNM State v. Bean
2016AP650-CRNM State v. Smith
2016AP2232 State v. McGee
2016AP2398-CR State v. Bailey
2016AP2489-CR State v. Harris
2017AP79 State v. Winston
2017AP313 Niemi v. Hying
2017AP971-72-CR State v. Love—Justice Rebecca Frank Dallet did not participate.
2017AP988-CR State v. Howard
2017AP1021-CR State v. Wade
2017AP1120-CR State v. Moore—Chief Justice Patience Drake Roggensack did not participate.
2017AP1421 State v. Tucker
2017AP1453-CR State v. Adams
2017AP1510-CR State v. Ayala
2017AP1692-CR State v. Cooks
2017AP1749-CR State v. Salazar—Chief Justice Patience Drake Roggensack did not participate.
2017AP1968-CR State v. Byrd
2017AP2045-CR State v. Loggins
2017AP2136-CR State v. Smith
2018AP1245, 1252-53-W Smith v. Foster

2017AP2031-CR State v. Tappa
2017AP2527-FT Tissue Technology, LLC v. ST Paper, LLC

2016AP1642 State v. Adamski
2017AP119-CR State v. Jones
2017AP1848 Zastrow v. American Transmission Company LLC

2016AP2376-CRNM State v. Feck

2016AP1175 State v. Famous
2017AP1204-05-CR State v. Johnson

2016AP2087-CR State v. Mance
2017AP995 Bottomley v. Seaverson

2017AP2413 Sheboygan County DHHS v. K.N.L.

2017AP2176-CR Halderson v. Northern States Power Co.
2017AP2522 Humfeld v. State Farm Fire and Casualty Company

2017AP971-72-CR Healthcare Services Group v. DOR
2017AP1729-CR State v. Witz
2017AP1843 Waukesha County v. M.J.S.

2017AP1392-CR State v. Mackie

Tom Sheehan
Court Information Officer
(608) 261-6640

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