Justia Wisconsin Supreme Court Opinion Summaries

The case involves a harassment injunction issued against Brian Aish, an anti-abortion protestor, for statements he made to Nancy Kindschy, a nurse practitioner at a family planning clinic. Aish regularly protested outside the clinics where Kindschy worked, initially expressing his Christian and anti-abortion beliefs broadly. However, in 2019, Aish began directing his comments towards Kindschy, which she perceived as threatening. Kindschy petitioned for a harassment injunction under Wisconsin law, which allows for an injunction if there are "reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner."The circuit court heard two days of testimony and found that Aish's statements were intimidating and did not serve a legitimate purpose. The court issued a four-year injunction prohibiting Aish from speaking to Kindschy or going to her residence or any other premises temporarily occupied by her. Aish appealed, but the court of appeals affirmed the issuance of the injunction.The Supreme Court of Wisconsin reversed the decision of the court of appeals and remanded the case to the circuit court with instructions to vacate the injunction. The court concluded that the injunction was a content-based restriction on Aish's speech and therefore violated his First Amendment right to free speech. The court held that the injunction failed to satisfy either of the two standards required for such a restriction to comply with the First Amendment: (1) Aish's statements were not "true threats" and he did not "consciously disregard a substantial risk that his statements would be viewed as threatening violence," or (2) the injunction did not satisfy strict scrutiny, meaning it was not narrowly tailored to achieve a compelling state interest. View "Kindschy v. Aish" on Justia Law

The case involves a non-marital couple, A.M.B. and T.G., who sought to adopt A.M.B.'s biological child, M.M.C. T.G. had been a father figure to M.M.C. for over a decade and had assumed various parental duties. The parental rights of M.M.C.'s biological father had been terminated. Despite a positive Home Study Report recommending the adoption, the Circuit Court for Ashland County denied the adoption petition. The court cited Wisconsin's adoption statutes, which only allow a non-marital partner to adopt their partner's child if they are married to the child's parent. A.M.B. and T.G. appealed, arguing that the statutes violated their equal protection rights.The Circuit Court for Ashland County denied the adoption petition, citing Wisconsin's adoption statutes. The statutes only allow a non-marital partner to adopt their partner's child if they are married to the child's parent. The court referenced a previous case, Georgina G. v. Terry M., which held that an adoption by a third party who is not the spouse of the parent is not permissible. A.M.B. and T.G. appealed the decision, arguing that the statutes violated their equal protection rights.The Supreme Court of Wisconsin affirmed the lower court's decision. The court held that the adoption statutes did not violate the Equal Protection Clause of the Fourteenth Amendment. The court found that the statutes did not restrict a fundamental right or regulate a protected class. The court concluded that the state had a legitimate interest in promoting stability for adoptive children through marital families, which provided a rational basis for the legislative limits on eligibility to adopt a child. View "A. M. B. v. Circuit Court for Ashland County" on Justia Law

The Supreme Court of Wisconsin was asked to review a decision by the state's Labor and Industry Review Commission (LIRC) and determine whether Catholic Charities Bureau, Inc. (CCB) and its four sub-entities were operated primarily for religious purposes, and thus exempt from making contributions to Wisconsin's unemployment insurance system. The Court decided that in determining whether an organization is "operated primarily for religious purposes" according to Wisconsin Statute § 108.02(15)(h)2, both the motivations and activities of the organization must be examined.Reviewing the facts of the case, the court determined that while CCB and its sub-entities professed to have a religious motivation, their activities were primarily charitable and secular. The services provided by the sub-entities, which included job training, placement, and coaching, along with services related to daily living, could be provided by organizations of either religious or secular motivations, and thus were not "primarily" religious in nature.The court also rejected CCB's argument that this interpretation of the statute violated the First Amendment, as it did not interfere with the church's internal governance nor examine religious dogma. Instead, it was a neutral and secular inquiry based on objective criteria. Therefore, the court affirmed the decision of the court of appeals. View "Catholic Charities Bureau, Inc. v. State of Wisconsin Labor and Industry Review Commission" on Justia Law

A group of voters and officials in Wisconsin brought a case before the Supreme Court of Wisconsin, arguing that the state's current legislative districts were not contiguous and therefore violated the state constitution. The respondents countered that the districts were contiguous, as they included separate, detached territories known as "municipal islands." The court ruled in favor of the petitioners, holding that the current legislative districts did not meet the contiguity requirements of the state constitution. The court explained that "contiguous territory" means territory that is physically touching, and the current districts, which include separate, detached parts, do not meet this requirement. The court also rejected the respondents' defenses of lack of standing, laches, issue preclusion, claim preclusion, and judicial estoppel. As a remedy, the court enjoined the Wisconsin Elections Commission from using the current legislative maps in future elections and urged the legislature to pass legislation creating new maps that satisfy all legal requirements. The court also set forth a process for adopting new state legislative districts if the legislature fails to enact new maps. View "Clarke v. Wisconsin Elections Commission" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court denying Defendant's motion to dismiss the case against him with prejudice after a mistrial was declared, holding that retrial would not violate Defendant's right against double jeopardy.Defendant was tried on one count of trafficking of a child. During trial, the trial court declared a mistrial on the basis that certain evidence was improperly admitted. Thereafter, Defendant filed a motion to dismiss, arguing that retrial would violate his right under the Fifth Amendment, as incorporated against the states by the Fourteenth Amendment, to be free against double jeopardy. The trial court denied the motion. The court of appeals reversed. The Supreme Court reversed, holding that the trial court exercised sound discretion in ordering a mistrial based on manifest necessity and that retrial will not violate Defendant's Fifth Amendment right against double jeopardy. View "State v. Green" on Justia Law

The Supreme Court reversed the judgment of the circuit court denying Appellant's demand for a jury trial before Walworth County extended his involuntary commitment for twelve additional months, holding that Waukesha County v. E.J.W., 966 N.W.2d 590 (Wis. 2021), applied retroactively to Appellant's case and that the denial of Appellant's jury demand was erroneous.Following a mental health crisis, Appellant was involuntarily committed and forcibly medicated for six months. Walworth County later sought to extend Appellant's commitment for twelve months. Appellant filed a jury demand at least forty-eight hours prior to his rescheduled final hearing date, but the circuit court denied the jury demand as untimely. Thereafter, the Supreme Court decided E.J.W., which held that a jury demand is timely filed if it is filed at least forty-eight hours before a rescheduled final hearing. Appellant appealed, arguing that E.J.W. applied retroactively. The Supreme Court reversed, holding (1) E.J.W. applies retroactively; and (2) under the circumstances of this case, the proper remedy for the circuit court's denial of Appellant's jury demand was not remand but reversal. View "Walworth County v. M.R.M." on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the decision of the circuit court to suppress the results of a search of Defendant, holding that the law enforcement officers had probable cause to arrest Defendant, and therefore, the underlying search was a lawful search incident to arrest.A police officer executed a traffic stop of Defendant for speeding and, during her initial contact with Defendant, "detected an odor of raw marijuana." The officer called for back-up, and two officers escorted Defendant out of the vehicle. The officers proceeded to search Defendant based on the odor of marijuana and found two baggies containing cocaine and fentanyl. Defendant filed a motion to suppress on the grounds that the State lacked probable cause to arrest and search him. The circuit court granted the motion, and the court of appeals affirmed. The Supreme Court reversed, holding that, under the totality of the circumstances, the officers had probable cause to arrest Defendant on the belief that he was committing or had committed a crime, and therefore, there was no Fourth Amendment violation. View "State v. Moore" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's denial of Defendant's petition for postconviction relief, holding that any error during the underlying proceedings that may have violated Defendant's right to confrontation was harmless.Defendant was convicted, after a jury trial, of delivering more than fifty grams of methamphetamine. In his postconviction petition, Defendant argued that the admission of certain testimony was hearsay, and therefore, his right to confrontation under the Sixth Amendment was violated. The circuit court denied relief. The court of appeals affirmed, concluding that if any error occurred it was harmless. The Supreme Court affirmed, holding that, assuming without deciding that Defendant's confrontation right was violated, the error was harmless. View "State v. Barnes" on Justia Law

The Supreme Court held that the challenges to the victim's rights amendment termed "Marsy's Law" that was brought by Wisconsin Justice Initiative, Inc. and several citizens (WJI) failed and that the amendment was validly ratified and properly part of the Wisconsin Constitution.In April 2020, the people of Wisconsin ratified Marsy's Law. In this action, WJI argued that the ballot question for Marsy's Law that was submitted to Wisconsin voters violated Wis. Const. art. XII, 1 because it misled voters by neglecting the amendment's impact on the rights of criminal defendants. The circuit court granted declaratory judgment for WJI, concluding that the ballot question failed to meet requirements as to content and form. The Supreme Court reversed, holding that Mary's Law was validly submitted to and ratified by voters, as required by the constitution. View "Wis. Justice Initiative, Inc. v. Wis. Elections Comm'n" on Justia Law

A fight erupted during a house party; someone fired multiple shots into the bedroom through the door, striking and killing Walker. Police obtained statements from more than 25 individuals. Eyewitness descriptions identified the shooter as a black male who used his right hand, but descriptions were otherwise very inconsistent. After the party, rumors circulated on Facebook accusing Smyth of the shooting. The police later turned their attention to Harris and, ultimately, to Mull, who was identified as the shooter by several witnesses. At Mull’s jury trial, the prosecution presented multiple witnesses. The defense did not call any witnesses. Convicted of first-degree reckless homicide, Mull was sentenced to 25 years' confinement.The Wisconsin Supreme Court reversed an order granting Mull a new trial, rejecting Mull’s argument that his attorney was ineffective for "failing to file a third-party perpetrator motion regarding any one of the viable alternate suspects.” Counsel testified he thought a reasonable doubt defense was preferable to a third-party perpetrator defense because it was difficult to locate witnesses, even using an investigator, and that there were credibility issues and inconsistent accounts. Counsel objected to a line of questioning relative to out-of-court messages and attempted to discredit that testimony on cross-examination; he did not move to strike a statement made during cross-examination because he did not want "too much attention." The court concluded that the controversy was fully tried, and it is not probable that justice has miscarried. View "State v. Mull" on Justia Law