Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court imposing a child pornography surcharge for fourteen images of child pornography and the order denying plea withdrawal, holding that there was no error.Appellant was charged with fourteen counts of possession of child pornography. Pursuant to a plea agreement, Appellant pled guilty to six counts of possession of child pornography. At sentencing, the circuit court sentenced Appellant to a term of imprisonment and imposed a $500 child pornography surcharge, pursuant to Wis. Stat. 973.042(2), for each of the images of child pornography for which Appellant was charged. Appellant filed a postconviction motion seeking to have the circuit court allow him to withdraw his guilty plea, which the circuit court denied. The Supreme Court affirmed, holding that the circuit court did not err in imposing the child pornography surcharge and the order that denied plea withdrawal. View "State v. Schmidt" 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 affirmed the decision of the court of appeals reversing Defendant's conviction of first-degree reckless homicide and ordering a new trial, holding that the circuit court erred in failing to instruct the jury on perfect self-defense and second-degree reckless homicide.Specifically, the Supreme Court held (1) the court of appeals correctly concluded that the circuit court erred by failing to instruct the jury on perfect self-defense and second-degree reckless homicide and that Defendant was entitled to a new trial on remand; and (2) the court of appeals erred in concluding that the circuit court abused its discretion in denying the admission of other-acts evidence. View "State v. Johnson" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's order expunging three of Defendant's convictions, holding that the circuit court erred in expunging Defendant's convictions because he failed to satisfy the Department of Correction's (DOC) "conditions of probation" for all three convictions.At issue before the Supreme Court was the correct interpretation of the phrase "conditions of probation" in Wis. Stat. 973.015(1m)(b). On appeal, Defendant argued, among other things, that he did not need to satisfy DOC's conditions of probation in order for the circuit court to expunge all three of his convictions. The Supreme Court disagreed, holding (1) the phrase "conditions of probation" in the statute means conditions set by both DOC and the sentencing court; and (2) section 973.015(1m)(b) does not give circuit courts discretionary authority to declare that an individual has violated "conditions of probation," including DOC-imposed conditions. View "State v. Lickes" on Justia Law

The Supreme Court reversed the judgment of the circuit court convicting Defendant of ten counts of possession of child pornography, holding that Defendant could not be held to a stipulation he entered in circuit court because he entered it by relying on a procedure that was invalid.Defendant pleaded not guilty to the offense of possession of child pornography but stipulated to inculpatory facts supporting each element of the offense and explicitly agreed to a finding of guilt at a circuit court hearing at which no witness testified. The circuit court convicted Defendant and sentenced him to three years' initial confinement. The Supreme Court reversed and remanded the case for Defendant to choose whether to enter a plea or proceed to trial, holding (1) the occurrence in the circuit court was neither a guilty plea made in the customary mode more a court trial; (2) trials based on stipulated facts and a stipulated finding of guilt are not permissible in Wisconsin; and (3) because the procedure below was invalid, Defendant could not be held to the stipulation. View "State v. Beyer" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court that reversed the Department of Administration's approval of a cooperative plan (Plan) between the Village of Kekoskee and the Town of Williamstown and remanded the matter back to the Department, holding that the Department erroneously interpreted Wis. Stat. 66.0307(2) in approving the Plan.The circuit court concluded that section 66.0307(2), the cooperative plan statute, did not permit municipalities to use cooperative plans to absorb and entire town into a village. The court of appeals affirmed, concluding that the Plan changed the City of Mayville's boundary line such that Mayville was required to be a party to the Plan. The Supreme Court affirmed, holding (1) Mayville had standing to seek judicial review of the Plan; (2) the Plan changed Mayville's boundary line, and therefore, section 66.0307(2) required that Mayville be a party to the Plan; and (3) because Mayville was not a party to the Plan, the Department erred in approving the Plan. View "City of Mayville v. State of Wisconsin Department of Administration" 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 affirmed the decision of the court of appeals agreeing with the circuit court that the amended version of Wis. Stat. 48.415(2)(a)3 applied during Mother's termination of parental rights (TPR) proceedings, holding that there was no error.In 2018, the legislature amended of Wis. Stat. 48.415(2)(a)3, a portion of the continuing child in need of protection of services (CHIPS) ground for the involuntary termination of parental rights. The amendment occurred during the pendency of Mother's court proceedings involving her child, who was adjudged CHIPS in 2016. During the TPR proceedings, the parties disputed whether the 2016 version of the 2018 amended version the statute should apply to Mother's case. The circuit court ruled that the amended version applied and then allowed Mother to appeal the non-final order. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the "15 out of 22 months" timeframe, as codified in the amended version of the statute, began to run when Mother received written notice accompanying the initial 2016 CHIPS order; and (2) starting the "15 out of 22 months" timeframe in 2016 did not violate Mother's due process rights. View "Eau Claire County Department of Human Services v. S. E." 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 Kemper Independence Insurance Company denying coverage to Appellant for the loss of her home, holding that Kemper was not required to provide coverage for the loss of the home after Appellant's husband intentionally set fire to it.The parties stipulated that, with the intent to deceive, the husband concealed from Kemper facts about his involvement in the fire, and Kemper relied on that concealment and fraud to its detriment. The circuit court concluded that the "concealment or fraud" condition in the insurance policy covering the home barred coverage for Appellant's claims. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the husband was an insured under the terms of the policy; (2) the policy's "concealment or fraud" condition precluded coverage for Appellant; and (3) Wis. Stat. 631.95(2)(f) did not apply. View "Kemper Independence Insurance Co. v. Islami" on Justia Law

In this inverse condemnation complaint brought by a property owner, the Supreme Court affirmed the decision of the court of appeals affirming the circuit court's grant of a motion for judgment on the pleadings filed by the Department of Transportation (DOT), holding that the circuit court properly granted DOT's motion for judgment on the pleadings.Southport Commons, LLC filed suit against DOT, claiming inverse condemnation arising from a construction project that resulted in a change to Southport's land. DOT moved for judgment on the pleadings, asserting that Southport failed to file its notice of claim within three years of when the damage occurred, as required by Wis. Stat. 88.87(2)(c). The circuit court agreed and granted the motion. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the notice of claim period in section 88.87(2)(c) begins to run when the damage happens or takes place; and (2) Southport did not raise a genuine issue of material fact as to the date of damage. View "Southport Commons, LLC v. Wisconsin Department of Transportation" on Justia Law