Justia Wisconsin Supreme Court Opinion Summaries

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

The Supreme Court reversed the decision of the court of appeals affirming the judgment of the circuit court declining to decide whether a letter from the Wisconsin Department of Revenue (DOR) constituted an unpromulgated rule, deferring instead to the Tax Appeals Commission to first decide that question, holding that the circuit court erroneously exercised its discretion.Wisconsin, Manufactures and Commerce, Inc. (WMC) sent a letter to the Wisconsin Department of Revenue (DOR) articulating its view that machinery, patterns and tools that are not used in manufacturing are exempt from tax under Wis. Stat. 70.111(27)(b) even if that property is "located on manufacturing property." DOR sent a letter in return explaining that the exemption does not apply to manufacturers. WMC filed a declaratory judgment action claiming that DOR's letter was an invalid umpromulgated rule and that DOR's interpretation of the exemption violated the state and federal Constitutions. The circuit court dismissed all claims under the primary jurisdiction doctrine. The court of appeals affirmed. The Supreme Court reversed, holding that deference to the Tax Appeals Commission was not warranted under the primary jurisdiction doctrine. View "Wis. Property Tax Consultants, Inc. v. Wis. Department of Revenue" on Justia Law

The Supreme Court affirmed the decision of the court of appeals to reverse the judgment of the circuit court denying the State's request to have X.S. waived into adult court and to remand the case, holding that remand was not required for a new waiver hearing because a new waiver hearing was unnecessary.X.S. was charged with eight counts of first-degree reckless injury with use of a dangerous weapon for opening fire in Mayfair Mall located outside Milwaukee. The Sate sought to have X.S. waived into adult court instead of remaining in juvenile court. The circuit court denied the request, but the court of appeals reversed and remanded the case for a new waiver hearing. The Supreme Court affirmed but remanded the case to the circuit court with instructions to grant the State's waiver petition, holding that the circuit court abused its discretion by denying the waiver petition. View "State v. X.S." on Justia Law

The Supreme Court affirmed the decision of the circuit court dismissing this action for quo warrants and declaratory judgment relief alleging that Frederick Prehn unlawfully held a position on the Wisconsin Board of Natural Resources (the DNR Board), holding that the district court properly concluded that there was no statutory or constitutional basis to remove Prehn from office without cause.On April 30, 2021, Governor Tony Evers announced the appointment of Sandra Dee E. Naas to replace Prehn on the DNR Board, but Prehn declined to step down from his position. The Attorney General, on behalf of the State, filed this action alleging that when Prehn's term expired on May 1, 2021, he no longer possessed any legal right to his position on the DNR Board. The State asked the circuit court to order that Prehn be removed from office or that the circuit court declare that the Governor can remove him without cause. The circuit court dismissed the complaint with prejudice. The Supreme Court affirmed, holding (1) the expiration of Prehn's term on the DNR Board did not create a vacancy, and Prehn lawfully retained his position as a holdover; and (2) until his successor is confirmed by the senate, Prehn may be removed by the Governor only for cause. View "State ex rel. Kaul v. Prehn" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of Petitioner's petition for judicial review of two letters issued by the Department of Natural Resources (DNR) on the grounds that the letters were not final agency decisions subject to judicial review, holding that the letters were not subject to judicial review.On appeal, Petitioner argued that one of the letters adversely affected its substantial interests and was subject to judicial review regardless of whether it constituted DNR's final decision and that the letter was sufficiently final to warrant judicial review. The Supreme Court disagreed and affirmed, holding (1) the letter did not adversely affect Petitioner's substantial interests; and (2) therefore, the letter was not subject to judicial review. View "Container Life Cycle Management, LLC v. Wis. Dep't of Natural Resources" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the decision of the circuit court denying Defendant's motion to suppress evidence, including a handgun, obtained as a result of an investigative stop, holding that, based on the totality of the circumstances, the officers had reasonable suspicion to believe Defendant was involved in criminal activity.Defendant was charged with being a felon in possession. Defendant filed a motion to suppress, arguing that the investigative stop leading to the discovery of the handgun violated his Fourth Amendment right against unreasonable seizure. The circuit court denied the motion, but the court of appeals reversed. The Supreme Court reversed, holding that the officers did not violate Defendant's Fourth Amendment rights because they reasonably suspected Defendant was involved in criminal activity presenting an imminent threat to public safety. View "State v. Nimmer" on Justia Law

The Supreme Court reversed the judgment of the court of appeals dismissing as moot S.A.M.'s appeal of the order extending his voluntary commitment (recommitment) and affirmed the recommitment order, holding that the appeal of the expired recommitment order was not moot and that S.A.M.'s due process and insufficiency of the evidence claims were without merit.Sauk County successfully petitioned to have S.A.M. involuntary committed to its care for compelled treatment. Before the initial commitment order expired, the County petitioned to extend S.A.M.'s commitment. After a trial, the circuit court found grounds for a recommitment order. S.A.M. appealed, but the court of appeals dismissed the appeal because the recommitment order expired before the court could decide the merits of the appeal. The Supreme Court reversed, holding (1) two collateral consequences raised here rendered the appeal of the expired recommitment order not moot; but (2) on the merits, S.A.M.'s arguments were unavailing. View "Sauk County v. S.A.M." on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming an order of the circuit court that granted partial summary judgment to Riverworks City Center, LLC after determining that Great Lakes Excavating, Inc. fully waived its construction lien, holding that the waiver document satisfied Wis. Stat. 779.05(1).Before signing the form lien waiver document the owner of Great Lakes cross of the words "To Date" in the document's title of "Waiver of Lien to Date" and replaced them with the handwritten word "Partial" with initials next to the change. On appeal, Great Lakes argued that the change limited the lien waiver to the amount received under Wis. Stat. 779.05(1) and that extrinsic evidence showed that all parties intended the waiver to be partial. The Supreme Court agreed and reversed, holding that the waiver document "specifically and expressly" limited the waiver under the statute. View "Great Lakes Excavating, Inc. v. Dollar Tree Stores, Inc." on Justia Law