Supreme Court accepts nine new cases

Madison, Wisconsin - Dec. 12, 2002

Madison, Wis. () - The Wisconsin Supreme Court has voted to grant review in nine new cases.  The case numbers, issues (provided by the Office of the Clerk of Supreme Court), and counties of origin are listed below. To read the full record, go to the Supreme Court Clerk's Office, Suite 215, Tenney Building, 110 E. Main St., Madison.  The Court of Appeals opinions in these cases, if they exist, are linked to the case name.  The statutes that are referenced can be found on the state Legislature's Web site, www.legis.state.wi.us .

01-1345-CR State v. P. Stuart
(see also #01-3303-CR)
Issues : Did the circuit court err by admitting the preliminary hearing testimony of a witness who refused to testify at trial by pleading the Fifth Amendment? When an appellate court issues an opinion resolving a discretionary ruling of the circuit court, is its decision the law-of-the-case? Whether an unpublished Wisconsin Supreme Court order reversing a decision of the court of appeals, without legal reasoning or legal authorities, established the law-of-the-case? From Kenosha County .

01-1715 D. Alvarado, et al v. P. Sersch, et al
Issue : Did the court of appeals err when it affirmed the decision of the circuit court based on public policy considerations rather than on a "duty of care" analysis? From Dane County .

01-2204 M. LeMere v. M. LeMere
Issue: Did the circuit court erroneously exercise its discretion when it failed to follow the percentage guidelines for child support and spousal maintenance in dividing the marital estate? From Brown County.

01-2959 V. Hutson v. Personnel Commission
Issue : Is it sufficient for an employee to identify a single management action in order to support a claim of "mismanagement" within the meaning of the Wisconsin Employee Protection ("Whistleblower") law? From Milwaukee County . 

01-3198 J. Hagen v. City of Milwaukee Employee's Retirement System Annuity and Pension Board (MERS)
Issue : Did the circuit court lack personal jurisdiction in this matter because the summons and complaint were improperly served on an agent of the City of Milwaukee rather than on the Milwaukee Employee Retirement System, which is a separate and distinct corporate body from the city? From Milwaukee County . 

01-3303-CR State v. J. Norman
(see also #01-1345-CR)
Issues : Did the circuit court erroneously preclude the defendant from impeaching a witness with prior inconsistent statements? Did the circuit court err by admitting the preliminary hearing testimony of a witness who was not present at trial? Did the circuit court fail to properly instruct the jury? Was there sufficient evidence to convict? From Oneida County .

02-0129  J. Mullen, et al v. D. Walczak, et al
Issue : Did the circuit court err when it ruled that the petitioner's damages arising from his emotional distress in witnessing the death of his wife in the same accident in which he was also physically injured must be paid from the wife's "per person" uninsured motorist liability limit? From Lincoln County .

02-0681-CR   State v. T. Cole
Issue : Does the minimum sentence for a felony conviction that is subject to bifurcated sentencing under Truth in Sentencing refer to the minimum amount of time an individual must spend in prison or the minimum time that the person must spend in prison and on extended supervision? From Milwaukee County . 

02-2756-W  State ex rel. The Cincinnati Ins. Co. v. Circuit Court for Milwaukee County, et al
Issue : Do the third-party defendants, The Cincinnati Insurance Co. and Continental Casualty Co., constitute "parties united in interest and pleading together" pursuant to Wis. Stat. § 801.58(3)? From Milwaukee County.

For more information contact:
Amanda Todd
Court Information Officer
(608) 264-6256

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