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Case of the month archive

To find a case, scroll down the page or use the following quicklinks: 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2001, 2000

2008

Case

Description

Opinion(s)

Case No./ Briefs

Listen to argument

WIREdata Inc. v. Village of Sussex

This litigation, which includes cases involving the villages of Sussex and Thiensville and the city of Port Washington, concerns the state's open records law and its application to requests for access to large data bases created by private contractors on behalf of municipalities. The Supreme Court has been asked to consider a number of issues about the scope, timing, procedure, cost and format of electronic records involved in open records requests.

SC opinion

COA opinion

2005AP1473/
2006AP174-75

Audio

2007

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
WRA, Inc. v. Town of West Point	This certification from the District IV Court of Appeals could affect the state's Smart Growth statute and examines whether towns in Wisconsin have the authority to place moratoriums on new development of land while updating land-use plans.	SC opinion COA opinion	2006AP2761	Audio
Richards v. Badger Mutual Insurance Co.	This insurance liability case stems from a fatal automobile accident and wrongful death lawsuit that was filed in Milwaukee County Circuit Court.	SC opinion	06AP1114-CR	Audio
State v. Michelle R. Popenhagen	This case examines whether a person has a protected right to privacy of bank records under Wisconsin law and how state law interacts with federal law regarding the question.	SC opinion	06AP1114-CR	Audio
State ex rel. Jose Castaneda v. Woody Welch, et al.	This case could determine the scope of Milwaukee Fire and Police Commission’s rulemaking authority.	SC opinion	04AP3306	Audio
State v. Jeffrey Allen House	This is an appeal by a man who was convicted of conspiracy to deliver cocaine. The issue before the Wisconsin Supreme Court is whether the circuit court should have suppressed evidence that was gathered from a wiretap that the defendant alleges was illegal.	SC opinion	05AP2202-CR	Audio
Kristie L. M., et al v. Dennis E. M.	The issue raised in this case is whether the lower courts infringed on a parent’s constitutional right to have a relationship with a child by expanding the definition of “severe” bruising to include any bruising.	SC opinion	05AP1034	Audio
State ex rel. Jose Castaneda v. Woody Welch, et al.	This case could determine the scope of Milwaukee Fire and Police Commission’s rulemaking authority.	SC opinion	04AP3306	Audio
State v. Robert E. Post	This case examines the legality of a traffic stop, and whether there was reasonable suspicion to investigate when an officer observed a vehicle weaving within its own lane.	SC opinion COA opinion	05AP2778	Audio
State of Wisconsin v. Edward Bannister	In its petition for review, the state has asked the Supreme Court to clarify whether the corroboration rule operates as a rule of admissibility or a rule of substantive evidence.	SC opinion COA opinion	05AP767-CR	Audio

2006

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
Shannon E.T. v. Alicia M.V.M.	The case involves a man who hopes to establish that he is the father of a stillborn baby so he can pursue a wrongful death claim based upon the stillbirth. The circuit court dismissed his case, and the Court of Appeals affirmed this decision but under different reasoning. Now the Supreme Court will clarify whether the law permits an unmarried man who claims to be the father of a stillborn baby to seek a legal order establishing himself as the father for purposes of filing a wrongful death claim.	SC opinion COA opinion	05AP77	Audio
City of Milwaukee v. Ruby Washington	This case involves a woman with infectious tuberculosis (TB) who was confined in the Milwaukee County jail to keep her from spreading the disease after she refused to follow her treatment regimen. The Supreme Court will clarify whether the circuit court had the authority to order confinement in this type of facility.	SC opinion COA opinion	05AP3141	Audio
Karl McNeil v. Brandon Hansen	This case involves a man who was injured while working on a vehicle at an oil change shop. The Supreme Court is expected to determine whether the man’s co-worker, who was standing outside the vehicle but set it in motion by leaning in and turning the key, was operating the vehicle under the meaning in the Worker’s Compensation Statute.	SC opinion COA certification	05AP423	Audio
State v. David Allen Bruski	This case involves a police search of a travel bag. The Supreme Court is expected to determine if the search was legal.	SC opinion COA opinion	05AP1516-CR	Audio
Jo-El Hanson v. American Family Mutual Insurance Company	This is a personal injury case arising out of a car crash. The woman who was injured sought medical treatments, including a surgery that allegedly was not medically necessary. The Supreme Court is expected to clarify whether there is a difference between unnecessary surgery and surgery that is badly performed for purposes of allowing the accident victim to recover compensation for medical expenses.	SC opinion COA opinion	04AP2065	Audio
State v. Brian Hibl	This is a so-called “accidental confrontation” case involving an encounter that occurred by chance rather than as a part of a police investigation. The Supreme Court is expected to clarify the admissibility of this type of eyewitness identification.	SC opinion COA opinion	04AP2936-CR	Audio
Lina M. Mueller v. McMillian Warner Insurance Company	This case began with an accident involving an all-terrain vehicle (ATV). Those in a position to render aid to the victim claimed not to have immediately recognize her injuries. The Supreme Court is expected to clarify the circumstances under which a person who comes to the aid to an injured person at or near the scene of an accident is immune from civil liability under the Good Samaritan law.	SC opinion COA opinion	05AP121	Audio
State v. Scott K. Fisher	This is a ‘concealed carry’ case. The Supreme Court will decide if the law that prohibits carrying concealed weapons may be enforced against a business owner who kept a loaded gun in the console of his vehicle for security while making night deposits.	SC opinion	04AP2989-CR	Audio
State v. Mark D. Jensen	This case stems from a Kenosha County homicide investigation. The question before the Supreme Court is whether a voice mail message and a letter that the victim left behind, and that implicate the defendant, were properly barred from evidence.	SC opinion	04AP2481-CR	Audio

2005

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
Burbank Grease Services, LLC v. Larry Sokolowski	This case involves an employee who took customer information and pricing data from his employer, quit his job, and started a competing company. The Supreme Court will determine if Wisconsin law provides a remedy for misappropriation of business information in situations where there is no trade secret involved.	SC opinion COA opinion	04AP468	Audio
Julie M. Lassa v. Todd Rongstad	This case originated as a defamation action filed by a public official against the publishers of an ‘attack ad’ that appeared shortly before an election. The Supreme Court is expected to clarify when the identity of anonymous speakers must be disclosed in a defamation proceeding.	SC opinion COA opinion	04AP0377	Audio
State v. Charles E. Young	This case involves the arrest of a man who fled a parked car when a police officer approached. The question before the Supreme Court is whether the officer illegally seized the man within the meaning of the Fourth Amendment and, if so, whether the drugs that were found in the man’s coat should have been disallowed as evidence at his trial.	SC opinion COA opinion	03AP2968-CR	Audio
State v. Bill Paul Marquardt	These appeals arise from a police search of an Eau Claire County residence. The Supreme Court is expected to use this case to clarify several matters relating to the admission of evidence in criminal proceedings. Specifically, the Court will examine the application of the good-faith exception to the exclusionary rule and the doctrine of inevitable discovery.	SC opinion COA opinion	04AP958-CR 04AP1609-CR	Audio
Elaine Marie Kohn, et al v. Darlington Community Schools, et al	This case involves a child who was injured when she fell through a set of bleachers on a high school football field. The Supreme Court is expected to decide whether the deadline for filing a lawsuit has expired – a determination that will require, in turn, a clarification of whether bleachers meet the legal definition of “improvements to real property.”	SC opinion COA opinion	03-1067	Audio
Clean Wisconsin, Inc., et. al v. Public Service Commission, et. al	This is the high-profile dispute between environmentalists and the state’s Public Service Commission, which approved a plan to build two coal-fired power plants on the shore of Lake Michigan in Oak Creek. The Supreme Court will determine whether the $2.15 billion project may proceed.	SC opinion	04-3179 Part 1 Part 2 Part 3 Part 4	Audio
State v. Tyrone L. DuBose	This case centers on a procedure that police sometimes use to identify crime suspects. The Supreme Court will decide whether this method of identification is impermissibly suggestive, as the defendant in this case argues.	SC opinion COA opinion	03-1690	Audio
Gary Hanneman v. Craig Boyson, D.C.	The Supreme Court will decide whether chiropractors must share with their patients the same type of information about treatment risks that medical doctors are required to share.	SC opinion COA opinion	03-1527	Audio
State v. Charles Chvala	This case involves a state legislator who is accused of hiring and directing employees to operate political campaigns with state resources.	SC opinion COA opinion	03-0442-CR	Audio
State v. Scott R. Jensen	This case involves two state legislators and a state employee who are accused of misusing public office to run political campaigns.	SC opinion COA opinion	03-0106-CR	Audio

2004

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
State v. Paul J. Stuart	The Court will decide whether a Kenosha man should receive a new trial in light of a recent ruling of the U.S. Supreme Court which concluded the right to a fair trial demands the defendant be able to confront his accuser.	SC opinion COA opinion	01-1345-CR	Audio
State v. Jerrell C.J.	The Court will decide if a rule should be adopted excluding in-custody admissions from children under age 16 who have not had an opportunity to consult with a parent or interested adult.	SC opinion COA opinion	02-3423	Audio
Patricia Wischer, et al. v. Mitsubishi Heavy Industries America, Inc., et al.	The Supreme Court will decide whether a $94 million award of punitive damages (was unconstitutionally excessive.	SC opinion COA opinion	01-0724/ 01-1031/ 01-2486	Audio: 01-0724 01-1031 01-2486
Gene L. Olstad, et al. v. Microsoft Corporation, et al.	This is a class-action lawsuit against Microsoft Corp. The Supreme Court will decide whether Wisconsin’s antitrust statute applies to interstate commerce.	SC opinion	03-1086	Audio
Tatum Smaxwell, et al. v. Melva Bayard, et al.	The Wisconsin Supreme Court will decide whether property owners may be held liable if a dog that they do not own, but that is on their property with their permission, bites someone.	SC opinion COA opinion	03-0098	Audio
Tammy Kolupar v. Wilde Pontiac Cadillac, Inc., et al. (March 2004)	To determine if a woman, who bought a used car that turned out to be a lemon, was fairly awarded when a circuit court judge awarded what he felt was a reasonable amount rather than the full amount.	SC opinion COA opinion	02-1915	Audio
Wis. Citizens Concerned for Cranes & Doves, et al v. DNR, et al (January 2004)	The Wisconsin Supreme Court will decide whether the state Department of Natural Resources (DNR) may establish a dove-hunting season.	SC opinion	02-1166	Audio

2003

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
State v. Victor Naydihor (December 2003)	To clarify the circumstances under which a vacated sentence may be increased during resentencing.	SC opinion COA opinion	01-3093-CR & 01-3094-CR	Audio
State v. Joshua O. Kyles (November 2003)	To decide whether police have the right, in a routine traffic stop, to frisk a passenger because he is acting nervous and putting his hands in his pockets.	SC opinion COA opinion	02-1540-CR	Audio
Julia Cole et al. v. Yvonne L. Hubanks et al. (October 2003)	To decide whether police officers who are injured in the line of duty can sue the people who created the danger.	SC opinion	02-1416	Audio
Mark Anderson et al. v. American Family Mutual Ins. Co. et al. (September 2003)	To decide whether a parent can be held liable if the parent provides alcohol to his/her underage child, and the child shares the alcohol with a friend who drinks himself to death.	SC opinion COA opinion	02-0980	Audio
Crystal Lake Cheese Factory v. LIRC and Susan Catlin (June 2003)	The Supreme Court must decide whether an employer has a duty to create a different job for an employee who is no longer able to perform his/her old job because of a disability.	SC opinion COA opinion	02-0815	Audio
State v. Joseph F. Jiles (May 2003)	To clarify whether the State must present live testimony at a hearing to determine whether evidence should be suppressed.	SC opinion COA opinion	02-0153-CR	Audio
State v. John P. Hunt (April 2003)	To determine whether a conviction must be reversed if the trial judge uses a rationale that is later found to be wrong to permit evidence of past actions by the defendant.	SC opinion	01-0272	Audio
Ryan Scott et al. v. Savers Property & Casualty Insurance Co. et al. (March 2003)	The Court will decide whether guidance counselors and the school districts for which they work may be held accountable when they give students wrong information.	SC opinion COA opinion	01-2953	Audio
Conley Publishing Group et al. v. Journal Communications and Journal Sentinel (February 2003)	This is an antitrust case that involves a battle between two newspaper companies for readers in Waukesha County.	SC opinion	01-3128	Audio
State v. Nancy Lamon (January 2003)	The Court will decide whether a prosecutor discriminated against an African-American defendant by striking the only black person from the jury panel.	SC opinion COA opinion	00-3403-CR	Audio

2002

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
State v. Waylon Picotte (December 2002)	To decide whether judges have the power to abrogate (nullify) the year-and-a-day rule.	SC opinion	01-3063-CR	Audio
State v. Phillip Cole (November 2002)	To decide whether a Wisconsin law that prohibits carrying a concealed weapon violates the Wisconsin Constitution.	SC opinion	01-0350-CR	Audio
Renee Van Cleve et al. v. City of Marinette et al. (October 2002)	To decide what effect a Pierringer agreement with a settling defendant has on enforcement of a judgment against a non-settling party when the non-settling party is a governmental body.	SC opinion COA opinion	01-0231	Audio
State v. Michael W. Carlson (September 2002)	To determine what level of English a person must possess in order to serve on a jury.	SC opinion COA opinion	01-1136-CR	Audio
Board of Regents of the University of Wisconsin v. Wisconsin Personnel Commission et al. (June 2002)	To decide whether the Wisconsin Personnel Commission may consider "after-acquired evidence" in ruling on wrongful termination claims.	SC opinion	01-1899	Audio
State v. John Tomlinson Jr. (May 2002)	To decide whether the lower courts were correct in concluding that a teenager may authorize a police entry into a home.	SC opinion COA opinion	00-3134-CR	Audio
Karl Burg by his legal guardian, Gladys Weichert v. Cincinnati Casualty Ins. Co. and Robert W. Zimmerman et al. (April 2002)	The Court will decide whether sitting on a snowmobile at night with the motor, headlights, and taillights off constitutes "operating" the snowmobile under Wisconsin law. In making this decision, the Court will interpret the meaning of the Wisconsin Statutes § 350.09 .	SC opinion COA opinion	00-3258	Audio
Karen Bammert v. Don's Super Valu, Inc. (March 2002)	The Court will decide whether to expand existing law concerning wrongful discharge to include circumstances where the retaliation is for a spouse's actions.	SC opinion COA opinion	00-2473	Audio
Donald R. Kitten v. State Department of Workforce Development (February 2002)	To decide whether the law protects people with perceived disabilities and whether an eating disorder meets the definition of a disability.	SC opinion COA opinion	00-3562	Audio
State v. Brian D. Robins (January 2002)	The issue before the Supreme Court is whether the child enticement statute is constitutional as it applies to the Internet.	SC opinion	00-2841-CR	Audio

2001

Case	Description	Opinion(s)	Case No./ Briefs	Listen to argument
Ricky Stephenson et al. v. Universal Metrics, Inc. et al. (December 2001)	To decide whether a person who volunteers to be a designated driver and then does not fulfill this promise may be held liable for the damages caused by a drunken driver.	SC opinion COA opinion	00-1397	Audio
State v. Bradley J. Vorburger (November 2001)	The Court will decide whether police may detain non-occupants of a motel room while the police await a warrant to search the room.	SC opinion COA opinion	00-0971-CR	Audio
Trista Auman et al. v. School District of Stanley-Boyd et al. (October 2001)	The Supreme Court will decide whether Wisconsin's recreational immunity statute protects school districts from lawsuits over playground injuries.	SC opinion	00-2356-FT	Audio
State v. Cherise Raflik (September 2001)	To decide whether a procedural mistake made in issuing a search warrant should result in throwing out the evidence that was gathered.	SC opinion	00-1086-CR	Audio
State v. Kelsey C.R. (June 2001)	To decide whether a police officer can frisk an individual as a safety precaution .	SC opinion COA opinion	99-3095	Audio
State v. David W. Oakley (May 2001)	To determine whether the courts can bar a person from having children as a condition of probation.	SC opinion COA opinion	99-3328	Audio
State v. Rayshun D. Eason (April 2001)	The Wisconsin Supreme Court will decide whether evidence that police seized in a drug raid was properly thrown out because of problems with the search warrant.	SC opinion COA opinion	98-2595-CR	Audio
Julie Rabideau v. City of Racine (March 2001)	To decide whether a woman can sue the City of Racine for negligent infliction of emotional distress or for property loss because a police officer shot her dog. At issue is whether family pets are property or should they be granted a measure of "personhood."	SC opinion COA opinion	99-3263	Audio
Heritage Mutual Insurance Co. et al. v. William E. Larsen et al. (February 2001)	To decide whether a traveling employee who was severely frostbitten after he fell asleep outside in temperatures that reached 25-below should have received worker's compensation	SC opinion COA opinion	98-3577	Audio

2000