Wisconsin Supreme Court accepts three new cases

Madison, Wisconsin - December 14, 2018

The Wisconsin Supreme Court has voted to accept three new cases, 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 cases 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.


2018AP1296-CR   State v. Raytrell K. Fitzgerald

Supreme Court case type: Bypass
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge Dennis R. Cimpl
Long caption: State of Wisconsin, Plaintiff-Respondent, v. Raytrell K. Fitzgerald, Defendant-Appellant

Issues presented:

  1. Whether the involuntary medication provisions of Wis. Stat. § 971.14 are unconstitutional because they do not comport with Sell v. United States, 539 U.S. 166 (2003).
  2. Whether the circuit court's June 18 Order of Commitment for Involuntary Treatment violated Fitzgerald's constitutional right to substantive and procedural due process.
  3. Whether the circuit court erred in ordering that Fitzgerald is entitled to only 45 days of sentence credit for the time he has spent in custody.


2016AP375-CR   State v. Tyrus Lee Cooper

Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge M. Joseph Donald, affirmed
Long caption: State of Wisconsin, Plaintiff-Respondent, v. Tyrus Lee Cooper, Defendant-Appellant-Petitioner

Issue(s) presented:   

  1. When a defendant's counsel has engaged in serious professional misconduct leading up to the trial date affecting defendant's meaningful participation in his own defense, does that provide a sufficient reason to withdraw a guilty plea prior to sentencing?
  2. Did the circuit court erroneously exercise its discretion when it denied defendant's motion to withdraw his plea prior to sentencing without an evidentiary record to support substantial prejudice to the State?
  3. In deciding whether Mr. Cooper may withdraw his guilty plea, is the circuit court bound by the Supreme Court's findings and/or conclusions in In re Disciplinary Proceedings Against Hicks, 2016 WI 31, 368 Wis. 2d 108, 877 N.W.2d 848, including, but not limited to, language stating that the failure of Mr. Cooper's trial counsel to properly communicate with him prevented him from adequately understanding and participating in his own defense, see id., ¶¶23-28, 39.


2016AP1276-CR   State v. Nelson Garcia, Jr.

Supreme Court case type: Petition for Review          
Court of Appeals: District 1
Circuit Court: Milwaukee County, Judge William S. Pocan, affirmed
Long caption:  State of Wisconsin, Plaintiff-Respondent, v. Nelson Garcia, Jr., Defendant-Appellant-Petitioner

Issues presented:      

  1. Does the 6th Amendment Right to Counsel attach upon the finding of probable cause and the setting of bail by a court commissioner?
  2. Is a line-up that violates the state Department of Justice's model policy and procedure for eye-witness identification, compounded by a failure of viewing witnesses to follow standard instructions given to them, impermissibly suggestive?
  3. Can a trial court, at a pre-trial hearing, deem that a criminal defendant has waived his right to self-representation because the court believes the defendant will engage in disruptive behavior in front of the jury? If so, does the defendant have the right to redeem himself?

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:

17AP338 - CRNM   State v. Bey

18AP1396 - W   Casteel v. Circuit Court for Brown County

2017AP1644–1645 - CRNM   State v. Kolpien

17AP2206   Markovic v. Litscher

Eau Claire
17AP277 - CRNM   State v. Billiot

18AP1232 - W   Tiggs v. Circuit Court for Grant County

16AP2160 - CR   State v. Culver
17AP528 - CRNM   State v. Kirk
17AP1322 - CR   State v. Young
17AP1705–1710 - CR   State v. Bak-Gogan

16AP966    County of Lafayette v. Humphrey

15AP2312 - CR   State v. Mcalister
15AP2562 - CR   State v. Price
16AP568 - CR   State v. Robertson—Justice Ann Walsh Bradley did not participate.
17AP797 - CR   State v. Egerson—Justice Rebecca Frank Dallet did not participate.
17AP805 - CR   State v. Wilks
17AP840 - CR   State v. Tucker—Chief Justice Patience Drake Roggensack did not participate.
17AP974   State v. Woods
17AP1251 - CR   State v. Lobley—Justice Rebecca Frank Dallet did not participate.
17AP1254 - CR   State v. Brown-Troop
17AP1433 - CR   State v. Hubbard
17AP1467   Mercedes-Benz USA, LLC v. Hinkley
17AP1562   State v. Wilbourn
17AP1581   State v. Johnson—Justice Rebecca Frank Dallet did not participate.
17AP1600 - CR   State v. Walls
17AP1787–1788   State v. K.C.H.
17AP1625 - CR   State v. Terry
17AP1905   State v. J.P.
17AP1934–1935 - CR   State v. Harmon
17AP2311 - CR   State v. Bridges—Justice Annette Kingsland Ziegler did not participate.
17AP2455–2465-CR   State v. Leszczynski
18AP208 - CR   State v. Burks

16AP2145 - CR   State v. Lumpkin
18AP322   Monroe County DHS v. B.L.S.

17AP1401 - CRNM   State v. Keller

17AP427 - CR   State v. Robbins
17AP792 - CR   State v. Oliver
17AP1738 - CR   State v. Swanton
17AP1842 - NM   State v. Miller

18AP1462–1463 - W   Phiffer v. McCrory

17AP1310 - CR   State v. Buckholtz

17AP573 - CR   State v. Montour

17AP665 - CR   State v. Korzinek
17AP1103 - CR   State v. Seppi
17AP2349   Key v. Meisner

17AP2477 - CR   State v. Posey
18AP338 - CR   State v. Lux—Justice Shirley S. Abrahamson dissents.

Tom Sheehan
Court Information Officer
(608) 261-6640

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