Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals reversing the decision of the circuit court denying Defendant's motion to suppress evidence, including a handgun, obtained as a result of an investigative stop, holding that, based on the totality of the circumstances, the officers had reasonable suspicion to believe Defendant was involved in criminal activity.Defendant was charged with being a felon in possession. Defendant filed a motion to suppress, arguing that the investigative stop leading to the discovery of the handgun violated his Fourth Amendment right against unreasonable seizure. The circuit court denied the motion, but the court of appeals reversed. The Supreme Court reversed, holding that the officers did not violate Defendant's Fourth Amendment rights because they reasonably suspected Defendant was involved in criminal activity presenting an imminent threat to public safety. View "State v. Nimmer" on Justia Law

The Supreme Court affirmed the decision of the court of appeals summarily affirming the judgment of the circuit court granting the State's motion to dismiss the operating while intoxicated (OWI) count against Defendant and entering judgment against Defendant on the count of operating with a prohibited alcohol concentration (PAC), holding that there was no error.The circuit court issued a search warrant to draw Defendant's blood based on the affidavit of a police officer. Defendant's blood was drawn, revealing a blood alcohol level of an amount well above the legal limit. The State charged Defendant with fourth offense OWI, fourth offense PAC, and resisting an officer. After the circuit court denied Defendant's motion to suppress a jury found Defendant guilty of OWI and PAC. The circuit court dismissed the OWI count and entered judgment on the PAC count. The court of appeals affirmed. The Supreme Court affirmed, holding that the warrant was supported by probable cause. View "State v. Green" on Justia Law

The Supreme Court held that Wisconsin's operating while intoxicated (OWI) graduated-penalty scheme is unconstitutional to the extent it counts prior revocations for refusing to submit to a warrantless blood draw as offenses for the purpose of increasing the criminal penalty.When Defendant was convicted of his sixth OWI offense the court counted as one of his six prior offenses a 1996 temporary revocation of Defendant's driving privileges for refusing to submit to a warrantless blood draw, which led to Defendant receiving a longer sentence. On appeal, Defendant argued that Wisconsin's graduated-penalty scheme for OWI offenses is unconstitutional because it threatens criminal penalties for those who exercise their Fourth Amendment right to be free from unreasonable searches. The Supreme Court agreed, holding that Wis. Stat. 343.307(1) and 346.65(2)(am) are unconstitutional to the extent that they count as offenses prior revocations resulting solely from a person's refusal to submit to a warrantless blood draw for the purpose of increasing the criminal penalty. View "State v. Forrett" on Justia Law

The Supreme Court reversed the order of the circuit court granting Defendant's motion collaterally attacking two prior convictions from 1995 and 2002, holding that the lack of a transcript meant that Defendant retained the burden to prove a violation of her right to counsel occurred.Defendant was charged with operating while intoxicated (OWI), and her driving record showed three prior OWI convictions. Defendant collaterally attacked two of those convictions, claiming that she did not knowingly, intelligently, and voluntarily waive her right to counsel. The relevant documents of the convictions, however, no longer existed, and the State could therefore not produce transcripts from either case at the motion hearing. The circuit court granted Defendant's motion, concluding that Defendant's testimony shifted the burden to the State, which submitted insufficient evidence to refute the testimony. The Supreme Court reversed, holding that Defendant retained the burden to demonstrate a violation of her right to counsel. View "State v. Clark" on Justia Law

In this original action filed by Petitioners to remedy malapportionment in Wisconsin's state legislative and congressional districts the Supreme Court held that the maps proposed by the Wisconsin Legislature were race neutral.On March 3, 2022, the Supreme Court selected legislative and congressional maps drawn by Governor Tony Evers. On certiorari review, the United States Supreme Court summarily reversed, concluding that racial motivations drove the Governor's selection of district lines. On remand, the Supreme Court held (1) the maps proposed by the Governor, Senator Janet Bewley, Black Leaders Organizing for Communities, and Citizen Mathematicians and Scientists were racially motivated and failed strict scrutiny under the Equal Protection Clause; and (2) this Court adopts the state senate and assembly maps proposed by the State Legislature. View "Johnson v. Wisconsin Elections Commission" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court suppressing the results of a sheriff's deputy's blood test performed on Defendant but allowing the State to subpoena the hospital for Defendant's medical records, which included the hospital's blood-test results, holding that there was no error.After Defendant crashed his vehicle, he was taken to the hospital. While he was there, two blood tests were performed - the first one by the hospital for treatment purposes and a later one at the direction of the deputy for diagnostic and investigative purposes. Defendant moved to suppress the results of the deputy's blood draw because the deputy had no warrant and no exceptions to the warrant requirement applied. The circuit court granted the motion. Thereafter, the court granted the State's request to issue a subpoena to the hospital for Defendant's medical records. On appeal, Defendant argued that those results should be suppressed under the Fourth Amendment's exclusionary rule. The Supreme Court affirmed, holding that the hospital's blood-test results were admissible under the independent-source doctrine. View "State v. Linn" on Justia Law

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