Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals that reversed in part the decision of the circuit court and determined that Defendant alleged sufficient facts so as to entitle him to an evidentiary hearing on his ineffective assistance of trial counsel claim, holding that the court of appeals failed to apply the correct legal framework.After a jury trial, Defendant was convicted of second-degree sexual assault. Defendant filed a postconviction motion, alleging, among other things, ineffective assistance of trial counsel. The circuit court denied the motion without holding an evidentiary hearing. The court of appeals reversed in part, concluding that Defendant was entitled to a Machner hearing addressing his claim that his trial counsel was ineffective for withdrawing his request for a self-defense instruction. The Supreme Court reversed, holding (1) the court of appeals applied the incorrect legal standard to address whether the record conclusively demonstrated that Defendant was not entitled to relief; and (2) Defendant was not entitled to relief on his ineffective assistance of counsel claim. View "State v. Ruffin" on Justia Law

The Supreme Court held that disorderly conduct is not a misdemeanor crime of domestic violence under federal law and therefore does not disqualify a person from holding a license to carry a concealed weapon (CCW license).At issue was whether a conviction for disorderly conduct under Wis. Stat. 947.01(1) qualifies as a "misdemeanor crime of domestic violence." While Wisconsin law provides that an individual who is prohibited from possessing a firearm under federal law may not hold a CCW license, federal law prohibits firearm possession for individuals convicted of a "misdemeanor crime of domestic violence" under either state or federal law. The circuit court upheld the revocation of Appellant's CCW license, concluding that the Department of Justice did not err in concluding that Defendant's conviction for disorderly conduct constituted a disqualifying misdemeanor crime of domestic violence under federal law. The Supreme Court reversed, holding that the Department of Justice improperly revoked Defendant's CCW license based on its incorrect view that Defendant was prohibited from possessing firearms under federal law. View "Doubek v. Kaul" on Justia Law

The Supreme Court affirmed in part the decision of the court of appeals automatically staying the circuit court's order of commitment for treatment with the involuntary administration of medication after finding Defendant incompetent, holding that the automatic stay of involuntary medication orders pending appeal established in State v. Scott, 914 N.W.2d (Wis. 2018), does not apply to pretrial proceedings.Defendant was charged with first-degree intentional homicide with use of a dangerous weapon. The circuit court found Defendant incompetent and ordered him to be involuntary medicated. Defendant appealed and filed an emergency motion for stay of the involuntary medication order pending appeal. The circuit court automatically granted the motion pursuant to Scott. The court of appeals reversed the involuntary medication order and the order lifting the automatic stay of involuntary medication. The Supreme Court affirmed in part, holding (1) the automatic stay created in Scott shall not be applied during pretrial proceedings; and (2) Wis. Stat. 971.14(5)(a)1. is not subject to tolling in a pretrial context. View "State v. Green" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the decision of the district court granting Defendants' motion for the application of Wis. Stat. Chapter 655 and dismissing the wrongful death claim brought by Plaintiff on behalf of the estate of her mother, Anne Oros, and in Plaintiff's capacity as Oros's daughter, holding that dismissal was not warranted.Oros allegedly died as a result of negligence on the part of Divine Savior Healthcare, Inc. Divine Savior and its insurer (collectedly, Defendants) argued that Plaintiff could not bring a wrongful death claim as an adult child of Oros because the liability protections given to certain healthcare providers under Chapter 655 barred the claim. The circuit court concluded that Chapter 655 applied and dismissed the claim. The court of appeals reversed, concluding that Plaintiff's wrongful death claim was not subject to Chapter 655 and that dismissal was not warranted. The Supreme Court affirmed, holding that dismissal under Chapter 655 of Plaintiff's wrongful death claim was not warranted. View "Estate of Anne Oros v. Divine Savior Healthcare Inc." 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 Board of Review for the City of Kenosha classifying certain property as residential, holding that the Board's determination to sustain the residential classification was supported by sufficient evidence.The City assessor valued the subject property at $89,800 and classified it as residential for property tax purposes. On appeal, Appellant argued that the property should be classified as residential. The Board sustained the assessor's classification. The circuit court and court of appeals affirmed. The Supreme Court affirmed, holding (1) the Board acted according to law when it looked for more than minimal agricultural use in evaluating whether the property was devoted primarily to agricultural use; (2) the Board did not err in considering the prospective residential use of the property; and (3) the Board's determination to sustain the residential classification was supported by sufficient evidence. View "Nudo Holdings, LLC v. Board of Review for the City of Kenosha" on Justia Law

The Supreme Court affirmed the decision of the court of appeals, which summarily affirmed the decision of the circuit court affirming the results of a referendum recount conducted pursuant to Wis. Stat. 9.01, holding that Wis. Stat. 7.54 does not apply when an appeal of the result of a recount by the board of canvassers is before an appellate court.On review, Petitioners - James Sewell and George Myers - argued that the Racine Unified School District Board of Canvassers mistakenly calculated the recount's vote totals and that Sewell had an absolute right under section 7.54 to have the ballots opened and reviewed in circuit court. The circuit court affirmed the Board of Canvassers' recount, and the court of appeals affirmed. The Supreme Court affirmed, holding that while section 7.54 appears to provide an occasion to utilize its provisions in regard to a contested election, it did not apply in this case. View "Sewell v. Racine Unified School District Board of Canvassers" 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 ruled that Cree, Inc. did not unlawfully discriminate against Derrick Palmer based on his conviction record by rescinding its job offer, holding that Cree sufficiently established that the circumstances surrounding Palmer's prior convictions for domestic violence substantially related to the circumstances of the offered position.In 2013, Palmer was convicted for committing eight crimes of domestic violence against his live-in girlfriend. Palmer later applied to work for Cree as an Applications Specialist. Cree offered Palmer the job subject to a background check, which revealed Palmer's 2013 convictions. Cree then rescinded its offer of employment. Palmer subsequently filed a discrimination complaint. The Labor and Industry Review Commission concluded that the domestic crimes at issue did not substantially related to the Applications Specialist job, and therefore, Cree discriminated against Palmer when it rescinded its job offer. The Supreme Court reversed, holding (1) Cree met its burden to establish a substantial relationship between the circumstances of Palmer's convicted offenses and the circumstances of the Applications Specialist position; and (2) therefore, Cree did not unlawfully discriminate against Palmer based on his conviction record. View "Cree, Inc. v. Labor & Industry Review Commission" on Justia Law