June 2, 2023 – Two Wisconsin Supreme Court justices used a recent per curiam decision to engage in a debate over the supreme court’s practice of dismissing petitions as improvidently granted.In State v. Jackson, 2023 WI 37 (May 12, 2023), the supreme court dismissed as improvidently granted a petition seeking review of a Wisconsin Court of Appeals decision upholding a circuit court’s denial of post-conviction relief.
The decision came after the parties had submitted briefs and had oral argument
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Sex Offender Registration Statute Applies Only to Convictions in Separate Proceedings
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June 2, 2023 – A statute that requires repeat sex offenders to comply with sex offender registration requirements for life does not apply to an offender convicted of multiple convictions in the same court proceeding, the Wisconsin Supreme Court has ruled in State. Rector, 2023 WI 41 (May 23, 2023).The decision came on a 4-3 vote. Justice Jill Karofsky wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Rebecca Dallet, and Justice Brian Hagedorn.Justice
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Sex Assault Statute of Limitations Extender Doesn’t Apply to Negligent Hiring Lawsuit
June 2, 2023 – A law that extends the statute of limitations for actions seeking redress for injuries caused by sexual assault does not apply to a claim of negligent supervision of an employee who committed sexual assault, the Wisconsin Supreme Court has ruled.In Fleming v. Amateur Athletic Union of the United States, 2023 WI 40 (May 17, 2023), the supreme court (4-3) held that the statute applies only to claims for damages caused by the sexual assault,
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Victims’ Rights Ballot Measure Was Properly Submitted to Voters
June 2, 2023 – A ballot question for a constitutional amendment complies with Section XII, Article 1 of the Wisconsin Constitution if it fairly describes the actual question and is not counterfactual to the amendment itself, the Wisconsin Supreme Court has ruled.In Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2023 WI 38 (May 16, 2022), the supreme court held that the statewide ballot question concerning victims’ rights – known as Marsy’s Law – which led to a
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Amazon Flex Drivers are Employees for Purposes of UIB Statute
May 31, 2023 – Drivers who delivered packages for Amazon in their own vehicles while using an Amazon smartphone app are employees for purposes of Wisconsin’s unemployment insurance benefits (UIB) scheme, the Wisconsin Court of Appeals has ruled.In Amazon Logistics, Inc. v. Labor and Industry Review Commission, 2022AP13 (April 6, 2023), the Court of Appeals District IV held that Amazon Logistics, Inc. (Amazon) had satisfied only five categories out of nine for determining whether a worker is an
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Oral Dismissal of Criminal Case Didn’t End Jurisdiction
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May 31, 2023 – A circuit court that orally dismissed a criminal case only to minutes later re-instate the case did not lose subject matter jurisdiction, the Wisconsin Court of Appeals has ruled.In State v. Davis, 2021 AP1526 (April 4, 2023), the Wisconsin Court of Appeals District I also held that a circuit court has the inherent authority to reconsider its rulings during an ongoing proceeding.Stolen PhoneOn Oct. 28, 2019, Rasheem Davis approached his ex-girlfriend Alicia
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Nuisance Suit over Wind Farm Barred by Statute of Limitations
May 11, 2023 – A nuisance lawsuit filed against the operators of a wind farm in Brown County is barred by the statute of limitations, the Wisconsin Court of Appeals has ruled.
In Enz v. Duke Energy Renewable Services, Inc., No. 2021AP989 (April 4, 2023), the Court of Appeals District III held that the lawsuit also failed to state a legally sufficient claim.
Wind Sick
David and Rosemary Enz and Darren and Susan Ashley (the Families ) own
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Wisconsin Supreme Court Upholds Detective’s Demotion
May 9, 2023 – A Green Bay police detective failed to demonstrate that an arbitrator manifestly disregarded the law when he upheld the detective’s demotion, the Wisconsin Supreme Court has ruled.In Green Bay Professional Police Association v. City of Green Bay, 2023 WI 23 (April 27, 2023), the supreme court held (6-1) that the notice of the charges provided to the detective before he was disciplined met the procedural due process standard established by the U.S. Supreme Court.Justice
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Challenge to Driveway Closure Fails on Procedural Grounds
April 21, 2023 – A lawsuit challenging a decision by the state to close a driveway failed because the statue under which the lawsuit was filed is limited to the scope of the state’s eminent domain offer, which didn’t mention the driveway, the Wisconsin Supreme Court has ruled.In DEKK Property Development, LLC v. Wisconsin Department of Transportation, 2023 WI 30 (April 18, 2023), the supreme court held that a highway construction project may include both compensable and non-compensable
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Calling Evidence ‘Uncontroverted’ Where Defendant Didn’t Testify Doesn’t Violate Fifth Amendment
April 20, 2023 – A prosecutor who repeatedly used the term “uncontroverted” to refer to evidence in a case in which the defendant neither testified nor presented any witnesses did not violate the defendant’s Fifth Amendment right against self-incrimination, the Wisconsin Supreme Court has ruled.
In State v. Hoyle, 2023 WI 24 (March 31, 2023), the supreme court held (5-2) that the prosecutor used term “uncontroverted” to remind jurors that they could consider only the evidence presented during
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UIM Reducing Clause Applies only to Per Person Liability Limit
April 20, 2023 – The reducing clause in an underinsured motorist insurance policy applied to the per person liability limit and not the per accident limit, the Wisconsin Supreme Court has held (4-3) in
Acuity v. Estate of Michael Shimeta, 2023 WI 28 (April 7, 2023).Justice Jill Karofsky wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Patience Roggensack, and Justice Rebecca Dallet.Chief Justice Annette Ziegler dissented, joined by Justice Rebecca Grassl Bradley. Justice Brian Hagedorn
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Can the Government Retain a Surplus in Takings Cases?
April 19, 2023 – On April 26, the U.S. Supreme Court will hear a case out of Minnesota concerning the government’s right to a windfall when taking private property – under the Fifth Amendment’s Takings Clause – to satisfy a debt owed to the government. Following years of tax delinquency, Hennepin County foreclosed on a condo owned by Geraldine Tyler. The county then sold the condo, covering its tax deficit, and making a net surplus in the process.
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Statute Doesn’t Allow Charges for Electronic Medical Records
April 18, 2023 – Wisconsin law does not authorize a party to charge a patient for his or her electronic medical records, the Wisconsin Supreme Court has held.In Banuelos v. University of Wisconsin Hospitals and Clinics Authority, 2023 WI 25 (April 4, 2023), the supreme court held (4-3) that a statute that specifies the amounts a party can charge for providing medical records is silent as to electronic records.Justice Ann Walsh Bradley wrote the majority opinion, joined
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Member of LLC that Purchased Property Failed to a State Claim
April 11, 2023 – A member of two LLCs failed to state a claim for relief when he sued over an allegedly fraudulent real estate transaction to which he was not a party, the Wisconsin Supreme has held.In Pagoudis v. Keidl, 2023 WI 27 (April 4, 2023), the supreme court held (5-2) that only the LLC that was a party to the real estate contract stated legally sufficient claims.Justice Jill Karofsky wrote the majority opinion, joined by Chief
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Failure to Mount Third-Party Perp Defense Not Ineffective Assistance of Counsel
April 11, 2023 – Defense counsel’s decision to rely on a reasonable doubt defense and not mount a third-party perpetrator defense did not constitute ineffective assistance of counsel, the Wisconsin Supreme Court has held.In State v. Mull, 2023 WI 26 (April 4, 2023), the supreme court held (6-1) that defense counsel’s failure to object to a hearsay statement linking the defendant to the crime did not amount to ineffective assistance of counsel.Justice Patience Roggensack wrote the majority opinion,
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Class Certification in Medical Records Lawsuit Was Overbroad
April 3, 2023 – A circuit court erroneously exercised its discretion by certifying a class that included parties who were charged for medical records during a time when Wisconsin Court of Appeals case law allowed such charges, the court of appeals has held.In
Fotusky v. ProHealth Care, Inc., 2021AP1395 (March 15, 2023), the Court of Appeals District II held that the class was too broad and remanded the case to the circuit court.Judge Shelley Grogan wrote the majority
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