News

The Wisconsin Supreme Court has voted to accept seven 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 detailed synopses 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.

2018AP1165 Jose M. Correa v. Woodman's Food Market
Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge William Sosnay, reversed and remanded
Long caption: Jose M. Correa, Plaintiff-Respondent-Petitioner, Kitty Rhoades, Secretary of State of Wisconsin Department of Health Services, Involuntary-Plaintiff-Respondent v. Woodman's Food Market, Defendant-Appellant, United Healthcare of Wisconsin, Inc., Defendant-Respondent
Issues presented:

• The Court of Appeals seeks to improperly expand the holding of this Court's decision in Kochanski v. Speedway SuperAmerica by preventing a jury from drawing reasonable inferences from the existing video surveillance evidence in a premises liability case. See generally, Kochanski v. Speedway SuperAmerica, LLC, 2014 WI 72, 356 Wis. 2d 1, 850 N.W.2d 160. (Discussing standards of proof in premises liability cases in detail and heavily relied upon by the Court of Appeals in this matter).
• Furthermore, the Court of Appeals improperly reweighed the evidence while attempting to comply with its improper understanding of Kochanski and this case presents an opportunity for the Wisconsin Supreme Court to reemphasize the specific role of appellate review.
• Lastly, the Supreme Court is encouraged, in addition to clarifying its position in Kochanski, to revisit Wisconsin jurisprudence with regard to constructive notice in premises liability cases given the proliferation of video surveillance evidence in the 21st century.

2018AP1209-CR State v. Mose B. Coffee
Supreme Court case type: Petition for Review
Court of Appeals: District II
Circuit Court: Winnebago County, Judge John A. Jorgensen, affirmed
Long caption: State of Wisconsin, Plaintiff-Respondent v. Mose B. Coffee, Defendant-Appellant-Petitioner
Issue presented: Did the totality of circumstances create a basis for a search of Mr. Coffee's vehicle, and of the contents of a backpack found on the backseat floor, after police arrested Mr. Coffee, cuffed him and placed him in the back of a squad car on suspicion of drunk driving?
Justice Brian K. Hagedorn did not participate.

2019AP567-W Milton Eugene Warren v. Michael Meisner
Supreme Court case type: Petition for Review
Court of Appeals: District IV, denied writ of habeas corpus
Circuit Court: Rock County, Judge Karl Hanson
Long caption:  State of Wisconsin ex rel. Milton Eugene Warren, Plaintiff-Petitioner-Petitioner v. Michael Meisner, Defendant-Respondent
Issue presented: Whether Warren's postconviction claims should be heard in the circuit court or the Court of Appeals and further, how is the decision in this matter to be explained under the ruling of State v. Starks?

2019AP1376-OA Nancy Bartlett v. Tony Evers
Supreme Court case type: Original Action
Long caption: Nancy Bartlett, Richard Bowers, Jr., and Ted Keneklis, Petitioners v. Tony Evers, in his official capacity as Governor of the State of Wisconsin, Joel Brennan, in his official capacity as Secretary of the Wisconsin Department of Administration, Wisconsin Department of Administration, Craig Thompson, in his official capacity as Secretary of the Wisconsin Department of Transportation, Wisconsin Department of Transportation, Peter Barca, in his official capacity as Secretary of the Wisconsin Department of Revenue, and Wisconsin Department of Revenue, Respondents
Issues presented:

• Whether, in partially approving an appropriation bill pursuant to Article V, § 10 of the Wisconsin Constitution, the governor may strike parts of the bill which are "essential, integral, and interdependent parts of those which were approved." State ex rel. Wisconsin Tel. Co. v. Henry, 218 Wis. 302, 260 N.W. 486, 493 (1935).
• Does Art. V, § l0's direction that appropriations bills may be approved in whole or in part permit the Governor to strike words in a way that transforms the meaning and purpose of the law, changing it into a different law?

2018AP623 David Skindzelewski v. Joseph Smith, Jr.
Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge Mary E. Triggiano, affirmed
Long caption:  David Skindzelewski, Plaintiff-Appellant-Petitioner, v. Joseph Smith, Jr., Defendant-Respondent
Issue presented: Should Wisconsin join the growing list of jurisdictions that have recognized exceptions to the innocence requirement in malpractice cases against criminal defense counsel where the lawyer's negligence resulted in an unlawful conviction or sentence?

2017AP774-CR State v. Courtney C. Brown
Supreme Court case type: Petition for Review
Court of Appeals:  District II
Circuit Court: Fond du Lac County, Judge Richard J. Nuss, affirmed
Long caption:  State of Wisconsin, Plaintiff-Respondent, v. Courtney C. Brown, Defendant-Appellant-Petitioner
Issues presented:

• Did the officer have the requisite level of reasonable suspicion to extend the detention beyond issuing a seat belt citation?
• Did the officer improperly extend the traffic stop?

Justice Brian K. Hagedorn did not participate.

2017AP2525 Town of Delafield v. Central Transport Kriewaldt
Supreme Court case type: Petition for Review
Court of Appeals: District II
Circuit Court: Waukesha County, Judge Michael J. Aprahamian; Ct. App. reversed and remanded
Long caption: Town of Delafield Plaintiff-Appellant v. Central Transport Kriewaldt, Defendant-Respondent-Petitioner
Issue presented: Does federal law, particularly the Surface Transportation Assistance Act, preempt the State and municipalities from enacting non-safety specific regulations like the Town of Delafield's special weight limitation?

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:

Bayfield
19AP941-W    Gordon v. Susienka

Brown
17AP1891-CR    State v. Stowe

Chippewa
18AP1419    Nash Finch Co. v. Gordy's Chippewa Foods, Inc.

Dane
18AP325-CR    State v. Estrada
18AP953    Meier v. Wisconsin Lawyers Mutual Insurance Co.
18AP2161-CR    State v. Miller
19AP1507-OA    Hying v. Koschnick

Dodge
17AP1596-CRNM    State v. Bonney
18AP2382-CR    State v. Brown

Douglas
18AP1227-CR    State v. Bunten

Grant
18AP907    Maus v. Boughton

La Crosse
18AP50-CR    State v. Hershey

Lincoln
18AP502-CR    State v. Woller

Marinette
19AP1506-W    Brown v. Winkleski

Milwaukee
15AP2478-CRNM     State v. Espanol
16AP247-CRNM    State v. Myrick-Justice Rebecca Frank Dallet did not participate.
17AP1512-CR    State v. Washington-Justice Rebecca Frank Dallet did not participate.
17AP2277-CR    State v. Herrera-Ortiz-Chief Justice Patience Drake Roggensack did not participate.
18AP432    Gagliano v. Openfirst, LLC
18AP613-CR    State v. Childress-Justice Brian K. Hagedorn did not participate.
18AP683-CR    State v. Manns
18AP1193-CR    State v. Bester
18AP1701-CR    State v. Barrett
18AP2101-CR    State v. Bandy-Justice Rebecca Frank Dallet did not participate.
18AP2173     State v. T.A.D.S.
18AP2222-CR    State v. Anwar
19XX819    Bach v. Life Navigators, Inc.

Outagamie
19AP569    Lamar Central Outdoor v. Town of Buchanan

Racine
18AP911-912-CR    State v. George-Justice Brian K. Hagedorn did not participate.
18AP1472-1473CRNM    State v. Galvan-Justice Brian K. Hagedorn did not participate.
18AP1558-CR    State v. Baumeister

Sheboygan
17AP2017    Zimmerman v. Village of Elkhart Lake-Justice Brian K. Hagedorn did not participate.
18AP472-CR    State v. Quinn-Justice Brian K. Hagedorn did not participate.

Walworth
18AP258-CR    State v. Finley-Justice Ann Walsh Bradley dissents.
18AP1236    Estate of Lynch v. Ditech Financial-Justice Brian K. Hagedorn did not participate.

Washburn
18AP1116    Estate of Roppe v. Roppe

Waukesha
18AP157    Bertram v. Estate of Dolores A. Kreitlow-Justice Brian K. Hagedorn did not participate.
19AP487    Carroll University v. Hoeller-Justice Brian K. Hagedorn did not participate.

Winnebago
18AP592    State v. Blake

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