Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court adopted proposed remedial state senate and state assembly maps submitted by Governor Tony Evers in response to the Court's call for proposed maps for the set of districts where new district boundaries were required due to this Court's holding that maps enacted into law in 2011 were unconstitutional, holding that Governor Evers' maps satisfied all requirements.Specifically, the Supreme Court held (1) as to the proposed congressional maps, Governor Evers' proposed congressional map most complied with this Court's least-change directive, the federal Constitution, and all other applicable laws; and (2) as to the proposed State legislative maps, the Governor's proposed senate and assembly maps produced less overall change than other submissions, and the Governor's proposals satisfied the requirements of the state and federal constitutions. View "Johnson v. Wisconsin Elections Commission" on Justia Law

The Supreme Court affirmed Defendant's sentence for his second-degree intentional homicide conviction, holding that Defendant failed to prove by clear and convincing evidence that the circuit court relied on an improper sentencing factor in mentioning Defendant's lawful gun ownership and conceal-carry (CCW) permit.Defendant pleaded guilty to second-degree intentional homicide. After a sentencing hearing, the circuit court sentenced Defendant to fourteen years of initial confinement followed by six years of extended supervision. The court of appeals affirmed, concluding that the court's statements at sentencing demonstrated that Defendant was not being punished for exercising his Second Amendment rights but, rather, for his belief that he could unlawfully and lethally shoot an unarmed individual. The Supreme Court affirmed, holding the record did not indicate that Defendant received a longer sentence because he purchased a gun or applied for a CCW permit or that those activities formed the basis for Defendant's sentence. View "State v. Dodson" on Justia Law

The Supreme Court remedied a malapportionment in existing maps reflecting the legislative districts across the state, while ensuring the maps satisfy all other constitutional and statutory requirements, but held that claims of political unfairness in the maps present political questions, not legal ones.In 2021, the Wisconsin legislature drew maps reflecting the legislative districts across the state, and the governor vetoed them. The parties agreed that the existing maps had become unconstitutional since they were enacted into law in 2011. Petitioners filed a petition for leave to commence an original action in the Supreme Court asking it to declare the existing maps in violation of Wis. Const. art. IV, 3 and requesting a mandatory injunction remedying the unconstitutional plans. The Supreme Court held (1) this Court will remedy the fact that the maps no longer comply with the constitutional requirement of an equal number of citizens in each legislative district, due to shifts in population across the state; but (2) claims of political fairness in the maps present political questions that must be resolved through the political process and not by the judiciary. View "Johnson v. Wisconsin Elections Commission" on Justia Law

The Supreme Court affirmed Defendant's conviction for first-degree intentional homicide, holding that Defendant was not entitled to relief on his claims that the trial court erred in denying two pre-trial evidentiary orders.At issue was the denial of Defendant's motion to suppress the admission of incriminating cell phone data and the circuit court's discretionary decision to admit evidence from a Fitbit device allegedly worn by the victim's boyfriend at the time of the homicide. The Supreme Court affirmed, holding (1) even if some constitutional defect attended either the initial download of the cell phone data or subsequent accessing of the cell phone data, there was no law enforcement misconduct that would warrant exclusion of that data; and (2) the circuit court permissibly exercised its discretion in admitting the Fitbit evidence where no expert was required and the State sufficiently authenticated the records from Fitbit. View "State v. Burch" on Justia Law

The Supreme Court affirmed the decision of the court of appeals determining that Wisconsin's incapacitated driver provision contained within the implied consent statute, Wis. Stat. 343.305, was unconstitutional, holding that the incapacitated driver provision is unconstitutional beyond a reasonable doubt.The court of appeals determined that the incapacitated driver provision is unconstitutional but additionally determined that the application of the good faith exception to the exclusionary rule allowed for the admission of blood test evidence that Defendant sought to suppress. The Supreme Court agreed with the judgment of the court of appeals, holding (1) the incapacitated driver provision is unconstitutional beyond a reasonable doubt; and (2) the good faith exception to the exclusionary rule applied under the facts of this case, and the evidence resulting from Defendant's blood draw need not be suppressed. View "State v. Prado" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the decision of the circuit court granting Defendant's motion to suppress certain statements that he made during a post-polygraph interview, holding that the statements were admissible.In granting Defendant's motion to suppress, the circuit court concluded that the statements Defendant made during his post-polygraph interview were involuntary. The court of appeals affirmed. The Supreme Court reversed, holding that the statements were voluntary and admissible because the interview was separate from the polygraph examination and because the statements were not the product of police coercion. View "State v. Vice" on Justia Law

The Supreme Court vacated the portions of the emergency order issued by Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County, restricting or prohibiting in-person instruction in all schools in Dane County for grades 3-12, holding that those portions were unlawful and unenforceable and are hereby vacated.The disputed order was issued in an effort to decrease the spread of COVID-19. Petitioners - students - brought three cases challenging Heinrich's authority to issue the emergency order, contending that the order exceeded her statutory authority under Minn. Stat. 252.03, violated Petitioners' fundamental right to the free exercise of religioun under Wis. Const. art. I, 18, and violated parents' fundamental right to direct the upbringing and education of their children under Wis. Const. art. I, 1. The Supreme Court consolidated the cases and held (1) local health officers do not have the statutory power to close schools under section 252.03; and (2) the order infringed Petitioners' fundamental right to the free exercise of religion guaranteed in the Wisconsin Constitution. View "St. Ambrose Academy, Inc. v. Parisi" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the circuit court denying Defendant's motion to suppress certain firearm evidence on the grounds that the police officer lacked reasonable suspicion to stop Defendant's vehicle, holding that, under the totality of the circumstances, the stop was lawful.At issue was whether the law enforcement officer in this case has a reasonable suspicion that Defendant had committed or was about to commit a crime. The court of appeals concluded that the stop was unlawful. The Supreme Court disagreed and reversed, holding that, considering the totality of the circumstances, a reasonable law enforcement officer knowing what the officer in this case knew and seeing what he saw would reasonably suspected that Defendant was engaged in a drug transaction, and therefore, the investigatory stop of Defendant's vehicle complied with the Fourth Amendment. View "State v. Genous" on Justia Law

The Supreme Court reversed the circuit court's judgment of conviction of Defendant for possession of methamphetamine and drug paraphernalia and remanded with instructions to grant Defendant's motion to suppress, holding that the seizure of Defendant was unlawful because the police officer did not have reasonable suspicion that Defendant was engaged in criminal activity.Defendant's conviction arose from a search of her vehicle. On appeal, Defendant argued that the circuit court erred in denying her motion to suppress because the search violated her Fourth Amendment right to be free from unreasonable searches and seizures. The Supreme Court agreed, holding (1) Defendant was seized when the officer returned to her vehicle after running a records check, withheld her driver's license, and continued to question her and her passenger in order to hold her until a drug-sniff dog arrived; and (2) the seizure was unlawful because Defendant did not have a reasonable suspicion that Defendant was engaged in criminal activity at the time he seized her. View "State v. VanBeek" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment convicting Defendant of operating or going armed with a firearm while intoxicated, holding that Defendant's argument that Wis. Stat. 941.20(1)(b) was unconstitutional as applied to him was without merit.Specifically, Defendant argued that the statute violated his right to armed self-defense under the Second Amendment, as held in District of Columbia v. Heller, 554 U.S. 570 (2008). The Supreme Court disagreed, holding (1) section 941.20(1)(d) is not violate the right of the Second Amendment because Defendant did not act in self-defense; and (2) the statute does not severely burden Defendant's Second Amendment right. View "State v. Christen" on Justia Law