Justia Wisconsin Supreme Court Opinion Summaries

The Supreme Court affirmed the order and judgment of the circuit court in this case concerning whether local health officers may lawfully issue public health orders, holding that local health officers have statutory authority to issue orders and that no state law preempted the local health ordinance in question.At issue was Dane County Ordinance 46.40 regarding the prevention, suppression, and control of communicable diseases. Plaintiffs bought this action against the County and the Health Department and its director challenging their authority to issue and enforce such orders. The circuit court granted summary judgment against Plaintiffs' claims. The Supreme Court affirmed, holding (1) Wis. Stat. 252.03 grants local health officers the authority to issue public health orders; (2) the ordinance at issue, which makes such orders enforceable by civil citations, was not preempted by state law; and (3) a local health officer's authority to issue enforceable public health orders pursuant to section section 252.03 and ordinance 46.40 does not run afoul of constitutional separation of powers principles. View "Becker v. Dane County" on Justia Law

In this case concerning two documents created by employees of the Wisconsin Elections Commission (WEC) that authorized municipal clerks and local election officials to establish ballot drop boxes the Supreme Court held that the documents were invalid because ballot drop boxes are illegal under Wisconsin statutes.Two Wisconsin voters brought this action challenging the validity of the documents, arguing, among other things, that, under Wisconsin statutes, drop boxes are illegal. The circuit court granted summary judgment in favor of Plaintiffs. The Supreme Court affirmed, holding (1) an absentee ballot must be returned by mail or the voter must personally deliver it to the municipal clerk at the clerk's officer or a designated alternate site, not an inanimate object; and (2) therefore, the documents were invalid. View "Teigen v. Wisconsin Elections Commission" on Justia Law

In this action contesting the merits of the Public Service Commission's (PSC) approval of the Cardinal-Hickory Creek Transmission Line the Supreme Court reversed the judgment of the circuit court, holding that, the court erred in its pretrial decisions.Specifically, the Supreme Court held (1) in pretrial decisions, the district court erred in interpreting Wis. Stat. 227.57(1) to allow for its expansion of the record created by the PSC and to permit discovery subpoenas of Michael Huebsch; (2) the circuit court erred when it denied Huebsch's motion to quash the discovery subpoenas he received; (3) the circuit court did not apply the correct legal standard when evaluating whether a due process violation had been stated; and (4) the circuit court erroneously denied Huebsch's request for a stay pending appeal. View "County of Dane v. Public Service Commission of Wisconsin" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the judgment of the circuit court denying Defendant's postconviction motion but reversing the denial of Defendant's request for an evidentiary hearing, holding that the circuit court properly exercised its discretion in denying an evidentiary hearing.After a jury trial, Defendant was convicted of one count each of felony murder and possession of a firearm by a felon. In his motion for postconviction relief Defendant argued that the trial judge's ex parte contact with one juror violated his Sixth Amendment right to counsel and that his counsel rendered ineffective assistance by failing to object to hearsay testimony. The circuit court denied the motion without holding an evidentiary hearing. The court of appeals affirmed the denial of the motion but reversed and remanded on the ground that Defendant was entitled to a hearing on his claim of ineffective assistance of counsel. View "State v. Spencer" on Justia Law

In this public records case concerning attorneys fees, a majority of the Supreme Court adopted the principle that to "prevail in whole or insubstantial part" under Wis. Stat. 19.37(2)(a) means that the party must obtain a judicially sanctioned charge in the parties' legal relationship.In this case a records custodian voluntarily turned over a requested record. The court of appeals, which has previously employed a causal-nexus to determine the release of records was caused in some way by the litigation, recognized the limitations of a causation-based approach and considered instead whether the records were properly withheld. The Supreme Court held (1) to prevail in whole or in substantial part and thus to be entitled to attorney's fees means the party must obtain a judicially-sanctioned charge in the parties' legal relationship; and (2) even of the party that requests the records can pursue attorney's fees following release of the records at issue, an award of attorney's fees would not be appropriate in the instant case. View "Friends of Frame Park, U.A. v. City of Waukesha" on Justia Law

In this case regarding the interpretation of Wis. Stat. 939.46(1m) and the scope of the "affirmative defense for any offense committed as a direct result" of human or child sex trafficking the Supreme Court held that the statute is a complete defense to first-degree intentional homicide.Defendant was charged with first-degree intentional homicide, arson, and several other offenses in connection with the death of the man she says trafficked her. At issue was whether Defendant was entitled to a jury instruction on the defense provided in section 939.46(1m) at trial as to some or all of the charges against her. The Supreme Court declined to answer this question because it would be available to Defendant at trial only if she put forth some evidence to support its application. The Court then held that if Defendant does provide such evidence, it will be the State's burden to prove beyond a reasonable doubt that the defense does not apply. View "State v. Kizer" on Justia Law

In this dispute over the proper compensation for a temporary limited easement (TLE) that Waukesha County acquired over Gregory Backus's property to construct a highway bypass along the Backus property's rear lot line the Supreme Court held that Wis. Stat. 32.09(6g) does not apply to TLEs.Specifically in dispute was whether the County need pay Backus only the rental value of the TLE or whether, under section 32.09(6g), Backus was entitled to severance damages measured by the difference between the fair market value of the entire property before and after the project's completion. The circuit court denied the County's motion for summary judgment, after which the County filed an interlocutory appeal. The Supreme Court remanded the case, holding that compensation for a TLE is not calculated under the methodology of section 32.09(6g). View "Backus v. Waukesha County" on Justia Law

The Supreme Court affirmed Defendant's sentence of two years of initial confinement and two years of extended supervision imposed after he pled no contest to one of six charges of sexual assault, holding that each of the sentencing factors Defendant challenged on appeal bore a reasonable nexus to proper and relevant sentencing factors of general deterrence and protection of the public.Defendant was convicted for sexually assaulting his younger sisters while they were living in an Amish Community. During sentencing, the circuit court commented on the need for adults in the Amish community to intervene to protect the females in the community from sexual abuse. On appeal, Defendant argued that those statements violated his First Amendment rights to religious liberty and association. The Supreme Court affirmed, holding (1) there was no evidence that the circuit court increased Defendant's sentence solely because of his association with the Amish community or his religious beliefs; and (2) the circuit court's challenged statements core a reasonable nexus to the relevant and proper sentencing factors. View "State v. Whitaker" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the decision of the circuit court convicting Defendant on the charge of first-degree intentional homicide with use of a dangerous weapon and being a felon in possession of a firearm, holding that Defendant's Sixth Amendment right to counsel was not violated.At issue was whether Defendant's constitutional right to counsel was violated when a jail inmate secretly recorded conversations with Defendant and when the State admitted those recordings into evidence. The court of appeals reversed on grounds of ineffective assistance of counsel, concluding that trial counsel's failure to seek suppression of the recording fell below an objective standard of reasonableness. The Supreme Court reversed, holding that Defendant's Sixth Amendment right to counsel was not violated because Defendant was not acting as a State agent when he recorded his conversations with Defendant. View "State v. Arrington" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing orders of the circuit court dismissing challenges brought by the Friends of the Black River Forest and Claudia Bricks (collectively, the Friends) to a land exchange between J. Kohler Company and the Department of Natural Resources, holding that Friends lacked standing to challenge the land transfer decision.Friends filed an action challenging the Board's decision approving an agreement between the Department and Kohler for the land exchange. The circuit court granted Kohler's motion to dismiss, concluding that Friends lacked standing because the alleged injuries did not flow directly from the land swap decision. The court of appeals reversed, concluding that Friends alleged sufficient injuries to satisfy standing under Wis. Stat. 227.52 and 227.53. The Supreme Court reversed, holding that none of the statutes or regulations cited by Friends protected any legally protected, recognized, or regulated interests of Friends that would permit them to challenge the Board's decision as aggrieved persons. View "Friends of the Black River Forest v. Wis. Department of Natural Resources" on Justia Law