Justia Wisconsin Supreme Court Opinion Summaries

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 held that the implementation and enforcement of the Town of Delafield's seasonal weight limitations on certain Town roads as authorized by the Town's ordinance did not conflict with and therefore was not preempted by the the Surface Transportation Assistance Act (STAA), 49 U.S.C. 31114, and its related regulations.A truck driver for Central Transport Kriewaldt was ticketed for operating a tractor-trailer in violation of the Town's seasonal weight limitation authorized by its ordinance. Central Transport admitted that it violated the Town's ordinance but argued that the Town may not have such a system because the limitation was preempted, and therefore disallowed, by the STAA. The Supreme Court held (1) the STAA's reach mandated only reasonable access; and (2) the facts of this case showed that reasonable access was provided, and the Town's seasonal weight limitation was not preempted by the STAA. View "Town Of Delafield v. Central Transport Kriewaldt" 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 affirmed the decision of the court of appeals reversing the circuit court's denial of Father's motion for reconsideration of the circuit court's ruling in favor of Mother in a custody dispute, holding that the "extreme" facts of this case rebutted the presumption of judicial impartiality and established a due process violation.The circuit court judge accepted Mother's Facebook "friend request" after a contested hearing but before rendering a decision. During the twenty-five days between the judge's acceptance of Mother's friend request and his issuance of a written decision entirely in her favor, Mother engaged with and reacted to at least twenty of the judge's Facebook posts. Mother further "shared" and "liked" several third-party posts related to an issue that was contested at the hearing. After discovering the Facebook friendship and communications, which the judge never disclosed, Father moved the circuit court for reconsideration, requesting judicial disqualification and a new hearing. The judge denied the motion. The court of appeals reversed and remanded the case with directions that the court proceed before a different circuit court judge. The Supreme Court affirmed, holding that the circumstances and facts of this case rose to the level of a serious risk of actual bias, which rebutted the presumption of the judge's impartiality. View "Miller v. Carroll" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Quick Charge Kiosk, LLC's action seeking a declaration that its kiosks, which enabled customers to pay for an opportunity to win money through a video game based on chance, were not illegal gambling machines, holding that the kiosks met the definition of a gambling machine under Wis. Stat. 945.01(3).Soon after Quick Charge's kiosks debuted in retail locations, the Attorney General declared that they were illegal gambling machines under section 945.01(3), and therefore, law enforcement seized several kiosks for violating the prohibition on gambling machines. In response, Quick Charge brought this action seeking a declaration that the kiosks were not in violation of any gambling laws. The circuit court declared the kiosks illegal gambling machines, and the court of appeals affirmed. The Supreme Court affirmed, holding that because customers could pay to play a video game that awarded cash prizes based on chance, the kiosks were gambling machines under section 945.01(3)(a). View "Quick Charge Kiosk LLC v. Kaul" 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

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