Justia Wisconsin Supreme Court Opinion Summaries

The circuit court dismissed an action brought by Vilas County District Attorney Albert Moustakis who sought to restrain the Wisconsin Department of Justice from releasing records pertaining to Moustakis in response to a public records request by The Lakeland Times, a newspaper located in Minocqua. The request sought records of any "complaints or investigations regarding Vilas County District Attorney Al Moustakis" and records "regarding any investigation of [Moustakis's] conduct or handling of cases while district attorney." The request also sought "information related to complaints and investigations regarding Mr. Moustakis that were completed or ended without any action taken against him[,]" as well as "any communications between Mr. Moustakis and [Department of Justice] since he took office in 1995." The court of appeals affirmed the order of the circuit court. Finding no error in the circuit or appellate courts' decisions, the Supreme Court also affirmed. View "Moustakis v. Wisconsin Department of Justice" on Justia Law

At issue in this case was 2011 Wisconsin Act 21 (Act 21), which, among other things, amended portions of Wis. Stat. ch. 227, which governs the procedures for administrative rule making and allows the Governor and the Secretary of Administration (Secretary) permanently to halt the rulemaking process. Plaintiffs sought a declaratory judgment that Act 21 is unconstitutional as applied to the Superintendent of Public Instruction (SPI) and the Department of Public Instruction (DPI). The circuit court permanently enjoined the Governor and Secretary from proceeding under Act with respect to the SPI, concluding that Act 21 is unconstitutional as applied to the SPI because it gives superior authority over public instruction to officers who are not subordinate to the SPI. The court of appeals affirmed. The Supreme Court affirmed, holding that Act 21 unconstitutionally vests the Governor and Secretary with the supervision of public instruction in violation of Wis. Const. art. X, 1 because it does not allow the SPI and DPI to proceed with their duties of supervision without the Governor’s, and in some circumstances, the Secretary’s approval. View "Coyne v. Walker" on Justia Law

St. Croix County petitioned to terminated Mother’s parental rights to her Son, alleging that Son was a child in continuing need of protection or services (CHIPS) and that Mother failed to assume parental responsibility. The circuit court terminated Mother’s parental rights to Son. Citing Waukesha County v. Steven H., the court of appeals reversed, ruling that because the last order Mother received did not contain written notice warning her about termination, the County failed to establish the notice element required under Wis. Stat. 48.415(2)(a)(1). The Supreme Court reversed after clarifying Steven H., holding that the notice Mother received satisfied the statutory notice requirement in a termination of parental rights action based on continuing CHIPS, and the evidence was sufficient to support the remaining elements of continuing CHIPS set forth in Wis. Stat. 48.415(2). View "St. Croix County Dep’t of Health & Human Servs. v. Michael D." on Justia Law

Plaintiff sustained personal injury and property damage in a car accident with Defendant, a State employee. Plaintiff delivered notice of claim to the attorney general by personal service and then instituted a negligence action against Defendant. Defendant filed a motion to dismiss, arguing that Sorenson did not strictly comply with Wis. Stat. 893.82, which requires service of notice of claim on the attorney general by certified mail. The circuit court denied Defendant’s motion to dismiss, concluding that service was proper. The court of appeals reversed, holding that delivering notice by personal service does not comply with the plain language of section 893.82(5). View "Sorenson v. Batchelder" on Justia Law

Abbey Springs Condominium Association, Inc. and Abbey Springs, Inc. (collectively, Abbey Springs) have a policy forbidding both current and subsequent unit owners from utilizing recreational facilities until unpaid condominium assessments are paid in full. Following a foreclosure action and sheriff’s sale of the property to Walworth State Bank, the Bank paid the former owner’s outstanding assessment under protest. The Bank filed suit against Abbey Springs, asserting that the policy violates Wisconsin law by impermissibly reviving a lien on the condominium units that was eliminated by the foreclosure action. The court of appeals reversed. The Supreme Court reversed, holding that the condominium policy effectively revived the lien against the property that the foreclosure judgment entered against Abbey Springs and the former unit owners had extinguished, and therefore, the policy violates well-established foreclosure law and the foreclosure judgment entered in the underlying foreclosure action. Remanded. View "Walworth State Bank v. Abbey Springs Condo. Ass’n" on Justia Law

Defendant pleaded not guilty by reason of mental disease or defect to strangulation and suffocation and related crimes. After a plea hearing, the parties agreed that Defendant would plead guilty to all five criminal counts against him but that the case would be tried on the mental responsibility phase of the bifurcated trial. During the responsibility phase of Defendant’s bifurcated trial, the circuit court did not conduct a right-to-testify colloquy with Defendant. The court adjudged Defendant guilty of the five counts against him. Defendant filed a postconviction motion arguing that because he did not understand that he had a right to testify at the responsibility phase, he was entitled to an evidentiary hearing under State v. Garcia for a determination as to whether he properly waived his right to testify. The lower courts denied relief. The Supreme Court affirmed, holding (1) upon a plea of not guilty by reason of mental disease or defect, a circuit court is not required to conduct a right-to-testify colloquy at the responsibility phase of a bifurcated trial; and (2) Defendant in this case was not entitled to an evidentiary hearing because he did not make the requisite showing for such a hearing. View "State v. Lagrone" on Justia Law

Defendant was convicted of second-degree sexual assault and sentenced to twenty-five years of confinement and fifteen years of extended supervision. Defendant subsequently moved to vacate the judgment of conviction, asserting that he was incompetent at the time of trial and sentencing. The postconviction court denied relief, concluding that Defendant had been competent during trial and sentencing. The court of appeals reversed. The Supreme Court reversed, holding (1) the court of appeals applied an incorrect standard of review to the circuit court’s competency finding and improperly weighed evidence rather than giving deference to the postconviction court’s finding; and (2) when the evidence is reviewed under the proper standard, the postconviction court did not commit clear error in finding that Defendant was competent to stand trial and be sentenced. View "State v. Smith" on Justia Law

After Mother and Father divorced, Grandmother filed a motion seeking to visit her four grandchildren. The circuit court ultimately denied the motion, concluding that Grandmother failed to prove that she maintained “a parent-like relationship” with the children pursuant to Wis. Stat. 767.43(1). The children appealed, and the the court of appeals affirmed. The Supreme Court reversed, holding (1) section 767.43(1) does not require a grandparent, great-grandparent, or stepparent who files a motion for visitation rights to prove that he or she has maintained a parent-like relationship with the child, as the parent-child relationship element applies only to a person seeking visitation rights who is not a grandparent, great-grandparent, or stepparent; and (2) the legislature’s decision to allow courts to grant visitation rights to grandparents, great-grandparents, and stepparents when visitation is in the best interest of the child does not infringe on parents’ constitutional rights. View "S. A. M. v. Meister" on Justia Law

Patti Roberts was injured at a charity event sponsored by Green Valley Enterprises when she was waiting in line to ride in a hot air balloon and was struck by the balloon’s basket. Sundog Ballooning, LLC was the owner and operator of the hot air balloon providing tethered rides at the event. Roberts filed suit against Sundog, alleging negligence. Sundog moved for summary judgment, arguing that Wisconsin’s recreational immunity statute barred Roberts’s claims and that her claims were barred by a waiver of liability form that she signed. The circuit court granted summary judgment for Sundog, concluding that Sundog was entitled to recreational immunity and that the waiver of liability form Roberts signed was valid as a matter of law. The court of appeals affirmed. The Supreme Court reversed, holding (1) Sundog was not entitled to immunity under Wis. Stat. 895.52 because it was not an “owner” under the statute; and (2) the waiver of liability form violated public policy and was unenforceable as a matter of law. View "Roberts v. T.H.E. Insurance Co." on Justia Law

In four separate, unrelated cases, Appellant was charged with seventeen criminal counts. Pursuant to a single plea agreement, Appellant pleaded guilty or no-contest to felony theft as a party to a crime, felony bail jumping, burglary while armed with a dangerous weapon, and misdemeanor theft. The circuit court accepted Appellant’s plea and sentenced him to consecutive prison sentences totaling twenty-six years. Appellant subsequently filed a motion seeking post-conviction relief, asserting (1) his trial counsel was ineffective for failing to object after the State allegedly breached the plea agreement by recommending consecutive sentences, and (2) there was an insufficient factual basis for the trial court to accept his guilty plea to the charge of party to the crime of felony theft. The circuit court denied the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) Appellant failed to establish that his counsel provided ineffective assistance, as the State did not breach the plea agreement by arguing for consecutive sentences; and (2) there was a sufficient factual basis to accept Appellant’s guilty plea to the charge of party to the crime of felony theft. View "State v. Tourville" on Justia Law