Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Defendant's motion for postconviction relief, holding that Defendant was entitled to a Machner hearing regarding one of his postconviction claims.After a jury trial, Defendant was found guilty of homicide. In his postconviction motion, Defendant argued that his trial counsel was ineffective for failing to contact two potential alibi witnesses or call them at trial. The circuit court denied the postconviction motion without holding a hearing. The Supreme Court reversed in part and remanded the case to the circuit court with instructions to grant Defendant a hearing on his claim that counsel was ineffective for failing to investigate or call two alibi witnesses, holding that Defendant's motion alleged sufficient facts that, if true, would entitle him to relief and that the record failed conclusively to establish that Defendant was not entitled to relief. View "State v. Jackson" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the order of the circuit court granting summary judgment in favor of Dunn County on Plaintiff's claim filed under 42 U.S.C. 1983, holding that Plaintiff's section 1983 claim against Dunn County failed.On appeal, Plaintiff argued that she presented evidence sufficient for a reasonable jury to find that Dunn County violated her rights under the Eighth and Fourteenth Amendments when a correctional officer sexually assaulted her. The Supreme Court affirmed, holding (1) under Monell v. Department of Social Services, 436 U.S. 658 (1978), no reasonable fact finder could conclude that Dunn County was the causal, moving force behind the sexual assault; and (2) there was insufficient evidence demonstrating that Dunn County acted with deliberate indifference to a known or obvious consequence that the correctional officer would sexually assault Plaintiff. View "Slabey v. Dunn County" on Justia Law

The Supreme Court reversed the order of the court of appeals reversing the judgment of the circuit court convicting Defendant of first-degree child sexual assault and denying his motion for postconviction relief, holding that the circuit court did not err.On appeal from the denial of Defendant's motion for postconviction relief, the court of appeals concluded that the State suppressed evidence favorable to Defendant's defense, in violation of his right to due process under Brady v. Maryland, 373 U.S. 83 (1963). The Supreme Court reversed, holding (1) the State did not violate Defendant's due process rights by filing to disclose a certain report; (2) Defendant's ineffective assistance of counsel claims failed; and (3) there were no errors at trial that prevented the real controversy from being tried. View "State v. Hineman" on Justia Law

The Supreme Court interpreted, for the first time, Wisconsin's product liability statute, Wis. Stat. 895.047, created in 2011, when the claim is for defective design, holding that the statute's plain language is clear in showing that the legislature codified the common-law consumer-contemplation standard in section 895.047(1)(b).Specifically, the Supreme Court held (1) in interpreting Wisconsin's product liability statute when the claim is for a defective design, the statute requires proof of three elements; (2) the legislature codified the common-law consumer-contemplation standard in the statute and discarded the consumer-contemplation test by incorporating the risk-utility balancing test; and (3) this Court declines to adopt comment f of Restatement (Third) of Torts section 2, upon which the court of appeals relied. View "Murphy v. Columbus McKinnon Corp." on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the decision of the circuit court to deny Defendant's motion to suppress, holding that the police officer in this case did not have particularized reasonable suspicion that a crime or traffic violation took place before performing the traffic stop at issue.Officer Alexis Meier was told to be on the lookout for a Harley-Davidson motorcycle driving erratically and speeding. Officer Meier spotted a motorcycle that showed to be a Harley-Davidson registered to Defendant. Without seeing any erratic driving, speeding, or other traffic violations, Officer Meier performed a traffic stop. Officer Meier subsequently developed evidence supporting an arrest for Defendant's eighth operating while intoxicated offense. Defendant filed a motion to suppress, arguing that the traffic stop was unconstitutional because it was not supported by reasonable suspicion. The circuit court denied the motion. The Supreme Court reversed, holding that, under the totality of the circumstances, Officer Meier lacked reasonable suspicion to perform the stop. View "State v. Richey" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming both Defendant's judgment of conviction and the circuit court's denial of his motion to suppress evidence, holding that police officers' warrantless entry in Defendant's fenced-in back yard was not a valid "knock and talk" investigation and that the entry was not permissible under the exigency of hot pursuit.On appeal, Defendant argued that the police officers lacked an implicit license to enter his backyard, and therefore, the entry violated the Fourth Amendment. The Supreme Court agreed and reversed the decision of the court of appeals, holding (1) the "knock and talk" investigation was not valid because the officers did not have an implicit license to enter Defendant's backyard; and (2) because the officers did not immediately or continuously pursue Defendant from the scene of the crime, the officers' entry into Defendant's backyard was not permissible under the exigency of hot pursuit and therefore violated the Fourth Amendment. View "State v. Wilson" on Justia Law

The Supreme Court affirmed Defendant's conviction of operating while intoxicated (OWI) sixth offense, in violation of Wis. Stat. 346.63(1)(a), holding that Defendant's constitutional right to be free from abusive governmental searches was satisfied in this case, and therefore, the circuit court did not err in denying Defendant's motion to suppress.On appeal, Defendant argued that the warrant compelling him to submit to a blood draw was constitutionally defective because, when the affiant signed the affidavit that accompanied the warrant petition, the affiant was not placed under oath or affirmation. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the affidavit fulfilled the oath or affirmation requirement under the state and federal Constitutions; and (2) therefore the circuit court did not err in denying Defendant's motion to suppress. View "State v. Moeser" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the order of the circuit court denying the City of Milwaukee's motion to dismiss this action brought by Saint John's Communities for recovery of unlawful taxes under Wis. Stat. 74.35, holding that Saint John's claim was procedurally deficient because Saint John did not pay the tax before filing its claim.Saint John's argued on appeal that section 74.35 contained no requirement that, prior to filing a claim for recovery of unlawful taxes against the City, taxpayers first pay the challenged tax. The Supreme Court disagreed and affirmed, holding (1) the plain language of section 74.35 required Saint John's first to pay the challenged tax or any authorized installment payment prior to filing a claim; and (2) the circuit court erred in denying the City's motion to dismiss Saint John's section 74.35 claim because it was procedurally deficient. View "Saint John's Communities, Inc. v. City of Milwaukee" on Justia Law

The Supreme Court granted Petitioner's petition for a supervisory writ claiming that petitions for leave to appeal filed by the Democratic National Committee (DNC) and Rise, Inc. in Kormanik v. Wisconsin Elections Commission were pending in the incorrect appellate district, holding that the appellate order transferring venue from District II to District IV must be vacated.Petitioner brought an action against the Wisconsin Elections Committee (WEC), alleging that two documents provided by the WEC to municipal clerks misinterpreted certain election statutes as permitting a clerk to "spoil" an absence ballot at an elector's request. The DNC and Rise subsequently intervened in the matter. The circuit court required the WEC to withdraw the challenged documents. The DNC and Rise filed separate petitions for leave to appeal. After the court of appeals concluded that venue was appropriate in District IV Petitioner filed a petition for a supervisory writ. The Supreme Court granted the writ, holding the circuit court judge violated his plain duty to venue the appeal in the correct district by ordering transfer of appellate venue from District II to District IV. View "Kormanik v. Brash" on Justia Law

The Supreme Court affirmed the decision of the circuit court requiring disclosure of Plaintiffs' identities to opposing attorneys while allowing Plaintiffs to keep their names sealed and confidential as to the public and a school district, holding that this Court declines to adopt new standards modeled after federal law.Plaintiffs, a group of parents, sued a school district alleging that a policy adopted by the school district entitled "Guidance & Policies to Support Transgender, Non-binary & Gender Expansive Students" violated their constitutional rights to parent their children and to exercise their religious beliefs. Plaintiffs then moved to proceed using pseudonyms. The circuit court granted in part Plaintiffs' motion to proceed anonymously. The Supreme Court affirmed, holding that the circuit court properly exercised its discretion in allowing Plaintiffs to proceed pseudonymously but not preventing opposing attorneys from knowing Plaintiffs' identity. View "Doe v. Madison Metro School District" on Justia Law