Justia Wisconsin Supreme Court Opinion Summaries

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

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