Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the circuit court denying Defendant's motion to suppress evidence obtained from a warrantless search of Defendant's vehicle incident to his lawful arrest for operating while intoxicated (OWI), holding that the search was lawful because the police had reasonable suspicion of criminal activity.In affirming the denial of Defendant's motion to suppress, the court of appeals concluded that the lawful arrest for OWI, in and of itself, supplied a sufficient basis to search the passenger compartment of Defendant's vehicle and, specifically, a bag located behind the driver's seat that contained marijuana. The Supreme Court affirmed but on other grounds, holding (1) Defendant's lawful arrest for OWI, in and of itself, did not supply a sufficient basis to search the passenger compartment of Defendant's vehicle; but (2) based on the totality of the circumstances, the police had reasonable suspicion that the passenger compartment, and specifically, the bag might contain evidence of OWI. View "State v. Coffee" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the judgment of conviction entered against Defendant, holding that the court of appeals erred in reversing the circuit court's exercise of discretion in excluding unidentified DNA evidence.Defendant was convicted of sexual assault and enticement of his stepdaughter. Defendant filed a postconviction motion, which the circuit court denied. Defendant appealed the denial of his postconviction motion and, by direct appeal, also challenged the circuit court's decision to exclude unidentified DNA evidence and to allow other acts evidence. The court of appeals reversed the judgment of conviction. The Supreme Court reversed in part, holding that (1) the court of appeals erred in reversing the circuit court's exercise of discretion in excluding unidentified DNA evidence; (2) the court of appeals properly affirmed the circuit court's admission of other acts evidence; and (3) Defendant was not denied his right to an impartial jury or his right to effective assistance of counsel. View "State v. Gutierrez" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing an order of the circuit court that granted sentence credit to Defendant, holding that the court of appeals correctly found that Defendant was not entitled to sentence credit but erred by advancing the commencement of Defendant's terms of extended supervision for Defendant's 2007 and 2008 cases.Specifically, the Court held (1) Defendant was not entitled to sentence credit under Wis. Stat. 973.155(1)(a) because the days he spent in custody for which he sought sentence credit were not in connection with the courses of conduct for which those sentences were imposed; and (2) the court of appeals erred by advancing the commencement of Defendant's terms of extended supervision for his 2007 and 2008 cases to the date they would have begun but for Defendant's confinement for unrelated convictions that were later set aside, holding that whether to employ advancement is a public policy decision best left to the legislature. View "State v. Harrison" on Justia Law

The Supreme Court held that Wis. Stat. 51.61(1)(g), which permits the involuntary medication of an incompetent but non-dangerous inmate, is facially unconstitutional for any inmate who is involuntarily committed based on determinations that he was mentally ill and in need of treatment when the inmate is involuntarily medicated based merely on a determination that the inmate is incompetent to refuse medication.At issue before the Supreme Court was the circuit court's order of extension of commitment, order for involuntary medication and treatment, and order denying C.S.'s postcommitment motion. C.S., who suffered from schizophrenia, was committed while he was an inmate. Because he was determined incompetent to refuse medication pursuant to section 51.61(1)(g) he was the subject of multiple involuntary medication court orders. C.S. was committed not based upon a determination of dangerousness but, rather, on determinations that he was mentally ill and in need of treatment. C.S. argued that section 51.61(1)(g)(3 is unconstitutional when it permits the involuntary medication of any inmate committed under Wis. Stat. 51.20(1)(ar) without a determination that the inmate is dangerous. The Supreme Court agreed, holding that incompetence to refuse medication alone is not an essential or overriding State interest and cannot justify involuntary medication. View "Winnebago County v. C.S." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals rejecting Defendant's assertion that his second criminal prosecution violated the constitutional proscription of double jeopardy, holding that the State's second prosecution of Defendant for sexual assault did not violate the double jeopardy provisions of the Fifth Amendment or Article I, Section 8 of the Wisconsin Constitution.A jury acquitted Defendant of the charge of repeated sexual assault of a child for engaging in sexual intercourse with the victim, M.T., in "late summer to early fall of 2012." Thereafter, paternity tests revealed that Defendant was the father of M.T.'s child. The State subsequently charged Defendant with sexual assault of a child under sixteen years of age occurring "on or about October 19, 2012," the date it was determined the child was conceived. Defendant was convicted. Defendant moved for postconviction relief, asserting that his second prosecution violated the constitutional proscription of double jeopardy. The circuit court denied the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding that the two cases against Defendant did not involve the "same offense" under the Double Jeopardy Clause. View "State v. Schultz" on Justia Law

In this criminal case, the Supreme Court affirmed in part and reversed in part the decision of the court of appeals, holding that venue in Fond du Lac County was proper but that two of the charges on which the jury convicted Defendant were multiplicitous.Defendant was transported to the Fond du Lac County jail to face criminal charges unrelated to this case. During the booking process, a cache of narcotics and prescription medications was discovered in Defendant's boot. This case was then brought in the Fond du Lac County circuit court. A jury found Defendant guilty of multiple drug-related charges. Defendant filed a postconviction motion claiming that venue was improper in Fond du Lac County because he did not possess the drugs when the deputy discovered them where his arrest in Kenosha County terminated his ability to possess contraband on his person. Defendant also argued that two charges for possessing oxycodone were multiplicitous. The postconviction court denied the motion. The court of appeals affirmed. The Supreme Court held (1) Defendant did not lose possession of the drugs in his boot upon his arrest, and because he still possessed the drugs in Fond du Lac County, venue there was proper; and (2) the two charges at issue were multiplicitous. View "State v. Brantner" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming a $4,800 fine imposed by the circuit court upon sentencing Defendant for third-offense OWI, holding that the court of appeals erred in interpreting the penalty enhancers in Wisconsin's OWI statutes.Defendant faced two penalty enhancers. At issue was how the penalty enhancers' provisions requiring "doubling" and "quadrupling" of the fine for a third-offense OWI should be determined when multiple penalty enhancers apply. The Supreme Court held that the court of appeals erred in affirming the $4,800 fine imposed by the circuit court, holding that, under the correct interpretation of the statutes, Defendant's two fines totaled $3,600, not $4,800. View "State v. Neill" on Justia Law

The Supreme Court modified the decision of the court of appeals affirming Appellant's judgment of conviction and the denial of her motion for postconviction relief and affirmed as modified, holding that Appellant appropriately raised her challenge to the circuit court's use of previously unknown information during sentencing and that there was no due process violation in this case.On appeal, Appellant claimed, among other things, that the circuit court denied her due process at sentencing by failing to provide her with notice that it would consider previously unknown information first raised by the court at sentencing. The State responded that Appellant forfeited her direct challenge to the previously unknown information considered at sentencing because she failed to object at the sentencing hearing. The court of appeals affirmed. The Supreme Court affirmed as modified, holding (1) where previously unknown information is raised by the circuit court at a sentencing hearing a defendant does not forfeit a direct challenge to the use of the information by failing to object at the hearing; and (2) Appellant's due process rights were not violated by the circuit court's use of the previously unknown information. View "State v. Counihan" on Justia Law

The Supreme Court reversed the order of the circuit court vacating Defendant's 2005 conviction by the Mid-Moraine Municipal Court of operating while intoxicated (OWI) in violation of a City of Cedarburg ordinance, holding that the municipal court had power to adjudicate the allegation that Defendant operated a motor vehicle while intoxicated in violation of a municipal ordinance.When Defendant was again charged with OWI in 2016, Defendant collaterally attacked his 2005 conviction by proving that he had a 2003 OWI conviction in Florida. Defendant argued that, therefore, his 2005 OWI conviction was factually a second offense and outside of the municipal court's limited subject matter jurisdiction. The circuit court reversed, concluding that the 2005 judgment was void for lack of municipal court subject matter jurisdiction. The Supreme Court reversed, holding (1) the 2005 municipal citations invoked the municipal court's subject matter jurisdiction, which was granted by Wis. Const. art. VII, 14; and (2) even if Wisconsin's statutory progressive OWI penalties were not followed in 2005, the municipal court would have lacked competence, not subject matter jurisdiction. View "City of Cedarburg v. Hansen" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's order denying Defendant's postconviction motion for resentencing, holding that Defendant did not forfeit his ability to challenge inaccurate information raised by the State at his sentencing but that the circuit court's reliance on the inaccurate information was harmless error.In his postconviction motion, Defendant argued for the first time that the circuit court violated his due process rights when it relied on inaccurate information at sentencing. The postconviction court concluded that the State introduced inaccurate information at the sentencing hearing, that the circuit court actually relied on the inaccurate information, but that the error was harmless. The court of appeals affirmed, concluding that Defendant forfeited his claim because he failed to object at the sentencing hearing. The Supreme Court affirmed, albeit on different grounds, holding (1) the forfeiture rule does not apply to previously unknown, inaccurate information first raised by the State at sentencing; and (2) the circuit court's error in relying on the inaccurate information at sentencing was harmless. View "State v. Coffee" on Justia Law