Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals reversing the denial of Defendant's motion for postconviction relief on the basis that the video-recorded forensic interviews of Defendant's victims were inadmissible, holding that the circuit court did not abuse its discretion when it admitted the three video-recorded forensic interviews during Defendant's trial.Defendant was charged with sexually abusing three victims, who were ages four through seven at the time of the assaults. Before trial, the State informed Defendant and the circuit court of its intent to introduce the video recordings of the victims' forensic interviews into evidence. The court allowed the State to introduce the video recordings. The jury returned a guilty verdict on all counts. The trial court later denied Defendant's motion for postconviction relief. The court of appeals reversed, concluding that the video recordings were not admissible. The Supreme Court reversed, holding (1) Defendant forfeited several of his objections to the admissibility of the forensic interviews; and (2) the circuit court did not abuse its discretion when it admitted the three video-recorded forensic interviews during Defendant's trial. View "State v. Mercado" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's judgment of conviction and the trial court's denial of Defendant's motion for postconviction relief, holding that the felon-in-possession statute as applied to Defendant as applied to Defendant is constitutional.In 2003, Defendant was convicted of multiple felony counts of failure to support a child. Consequently, Defendant was permanently prohibited from possessing a firearm. Defendant was subsequently charged with one count of possession of a firearm by a felon in violation of Wis. Stat. 941.29(2). Defendant moved for postconviction relief, arguing that section 941.29(2) was unconstitutional as applied because his 2003 conviction did not justify the lifetime firearm ban. The circuit court denied postconviction relief, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) Defendant's challenge to the felon-in-possession statute requires the application of an intermediate level of scrutiny; and (2) the statute is constitutional as applied because it is substantially related to important governmental objectives. View "State v. Roundtree" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the circuit court's judgment and order denying Defendant's postconviction motion to withdraw his guilty plea, holding that counsel was not ineffective and Defendant was not entitled to withdraw his plea post-sentencing.Defendant pleaded guilty to violation of sex offender registry and was sentenced. Almost one year later, Defendant filed a motion to withdraw his guilty plea, asserting that his trial counsel provided ineffective assistance and that, as a result, his plea was not knowing, intelligent, or voluntary. After a hearing, the circuit court denied Defendant's postconviction motion. The court of appeals reversed. The Supreme Court reversed, holding that Defendant's trial counsel did not provide ineffective assistance in failing to inform Defendant about State v. Dinkins, 810 N.W.2d 787 (Wis. 2012), because Dinkins did not provide Defendant with a defense. View "State v. Savage" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's denial of Defendant's Wis. Stat. Chapter 980 petition for discharge from his commitment as a sexually violent person, holding that the court of appeals did not err.Specifically, the Supreme Court held (1) the State is not required to present expert testimony to prove the required dangerousness element in Wis. Stat. 980.01(7); (2) the holding in In re Commitment of Curiel, 597 N.W.2d 697 (Wis. 1999), that the appropriate standard of review to use in Chapter 980 cases is the sufficiency of the evidence test set forth is reaffirmed; and (3) the evidence in the record satisfied the sufficiency of the evidence standard. View "State v. Stephenson" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment and order denying Defendant's postconviction motion to withdraw his Alford plea, holding that Defendant did not meet his burden to prove by clear and convincing evidence that manifest injustice would result if he were not permitted to withdraw his plea.Defendant entered an Alford plea to second-degree sexual assault of a child. After he was sentenced, Defendant filed a postconviction motion seeking to withdraw his Alford plea, arguing that the circuit court failed to establish strong proof of guilt as to each element of the offense. The circuit court denied the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding that the record demonstrated that there was a sufficient factual basis to support strong proof of Defendant's guilty for each of the two elements of the offense. View "State v. Nash" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction for possession with intent to deliver cocaine, holding that the Wisconsin Constitution permits law enforcement to ask drivers stopped for a traffic violation to exit the vehicle, inquire about the presence of weapons, and request consent to search the driver.Defendant moved to suppress the evidence found during the search of the vehicle, contending that it was fruit of an unlawful search because the arresting officer's actions unlawfully extended the stop, and he lacked reasonable suspicion. The court of appeals affirmed. The Supreme Court affirmed, holding that the officer did not impermissibly extend Defendant's traffic stop beyond constitutional boundaries because his actions were negligently burdensome directly related to officer safety and therefore part of the stop's mission. View "State v. Brown" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of homicide by intoxicated use of a vehicle, holding that the circuit court did not err in its evidentiary rulings.On appeal, Defendant argued that the circuit court (1) improperly excluded the expert testimony of Dr. Lawrence White, and (2) erred in denying his motion to suppress statements that he made to law enforcement because he was not read the Miranda warnings or, in the alternative, because his statements were not voluntarily made. The Supreme Court affirmed, holding (1) the circuit court properly excluded Dr. White's exposition testimony on the grounds that it did not fit with the facts of Defendant's case; (2) Defendant was subject to custodial interrogation and was not read the Miranda warnings, but the admission of those statements was harmless error; and (3) all of Defendant's statements were voluntary. View "State v. Dobbs" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the circuit court's denial of Defendant's suppression motion, holding that the deputies in this case were not acting as bona fide community caretakers when they seized Defendant's vehicle without a warrant, and therefore, the seizure and ensuing inventory search were both unconstitutional.Defendant was stopped for speeding and had been driving with a suspended operators license. The deputies told Defendant that department policy required them to take the vehicle to an impound lot. Prior to the tow, the deputies conducted an inventory search of the vehicle and discovered a firearm. Defendant was arrested for possession of a firearm by a felon. Defendant moved to suppress the firearm, arguing that the "community caretaker" exception to the Fourth Amendment's warrant requirement did not justify seizure of the vehicle. The circuit court denied the motion. Defendant filed a motion for postconviction relief challenging the denial of his suppression motion. The circuit court denied the motion, and the court of appeals affirmed. The Supreme Court reversed, holding (1) the deputies were not acting as community caretakers when they decided to impound Defendant's vehicle; and (2) therefore, the seizure and ensuing inventory search were unconstitutional. View "State v. Brooks" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of summary judgment in favor of Defendant, Plaintiff's former criminal defense attorney, on Plaintiff's legal malpractice claim, holding that nothing about Plaintiff's case warranted developing an exception to the actual innocence rule.The actual innocence rule requires a criminal defendant who brings a legal malpractice action against his defense attorney to establish that the defendant did not commit the crime of which he was convicted. Plaintiff conceded that he was guilty but argued that Wisconsin courts should create an exception to the actual innocence rule. The circuit court declined to adopt a novel exception to prevailing law, applied the actual innocence rule, and granted summary judgment for Defendant. The court of appeals affirmed. The Supreme Court affirmed, holding (1) Plaintiff failed to satisfy his burden of establishing a compelling reason to change existing law; and (2) because Plaintiff conceded guilt, his claim of legal malpractice was legally barred. View "Skindzelewski v. Smith" on Justia Law

The Supreme Court reversed the decision of the court of appeals denying Appellant's petition for habeas corpus after Appellant previously sought Wis. Stat. 974.06 postconviction relief without success, holding that the circuit court is the appropriate forum for Appellant's claim that postconviction counsel was ineffective for failing to assert an ineffective trial counsel claim and that the language in State v. Starks, 833 N.W.2d 146 (Wis. 2013), is withdrawn to the extent it contradicts this conclusion.In both his habeas petition and postconviction motion, Appellant claimed that he received ineffective assistance of counsel for alleged errors that took place after his conviction. In ruling on Appellant's postconviction motion, the circuit court concluded that Appellant had sought relief in the wrong forum and should have instead filed a habeas petition. Appellant filed a habeas petition, which the court of appeals denied on the grounds that appellant should have instead filed an appeal of the circuit court's denial of his postconviction motion. The Supreme Court reversed, holding (1) the Knight/Rothering framework remains the correct mythology for determining the appropriate forum for a criminal defendant to file a claim relating to ineffective assistance of counsel after conviction; and (2) Appellant's original section 974.06 motion in the circuit court was properly filed. View "Warren v. Meisner" on Justia Law