Supreme Court accepts three new cases

Madison, Wisconsin - December 8, 2006

The Wisconsin Supreme Court has voted to accept three new cases. The Court also acted to deny review in a number of cases. The case numbers, issues, and counties of origin are listed below. Court of Appeals opinions/certification memos that are available online for the newly accepted cases are hyperlinked.

2005AP731-CR State v. Howell
This case began with a confrontation that led to a shooting in February 2004 in the City of Milwaukee. The defendant entered a plea and, after sentencing, moved to withdraw his plea because he did not understand what the state had to prove to find him guilty as party to the crime of first-degree reckless injury. The circuit court denied his motion without conducting a hearing. The Court of Appeals affirmed. The Supreme Court is expected to determine whether a hearing should have been conducted. From Milwaukee County

2005AP886 and 2005AP1287 Stuart v. Weisflog's Showroom Gallery
This case involves a remodeling project gone wrong. The homeowners discovered a multitude of problems after completion of the project and sued the remodeler. A jury found the remodeler negligent. The question before the Supreme Court is whether Wis. Stat. § 100.20 (5), authorizes doubling a damage award when a violation of the Wisconsin Home Improvement Practices Act is coupled with other wrongdoing that contributes to the loss. From Waukesha County

2005AP2424-CR State v. Grady
This case began with an armed robbery in the City of Milwaukee. The defendant asserted that he was entitled to re-sentencing because the circuit court did not consider applicable sentencing guidelines. In a split decision, the Court of Appeals concluded that it does not have jurisdiction to review a trial court's failure to consider sentencing guidelines. The Supreme Court is expected to determine if a failure to consider sentencing guidelines is subject to appellate review. From Milwaukee County

Review denied: The Supreme Court denied review in the following cases. Supreme Court review is a matter of judicial discretion, not of right, and will be granted only when special and important reasons are presented. As the state’s law-developing court, the Supreme Court exercises its discretion to consider for review only those cases that fit certain criteria, but these criteria neither control nor fully measure the court’s discretion (see Wis. Stat. (rule) § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court.

Petitions for writs:

Dane County

• 2006AP2628-W State ex rel. Gant v. COA

Green County

• 2006AP2376-W State ex rel. Schultz v. COA

Milwaukee County

• 2006AP2479-W State ex rel. Johnson v. COA
  

Petitions to bypass:

Milwaukee County

• 2005AP1172-CR State v. Meeks

Waukesha County

• 2006AP818 J.G. and R.G. v. Wangard
  Justice Jon P. Wilcox and Justice Patience Drake Roggensack did not participate.
• 2006AP1035 Aul v. Golden Rule Ins.
  

Petitions for review:

Adams County

• 2005AP105-CR State v. Kramer
  Chief Justice Shirley S. Abrahamson and Justice Louis B. Butler Jr. dissent.

Brown County

• 2006AP35-CR State v. Carter
• 2006AP767 State v. Kazik

Burnett County

• 2005AP3107-CR State v. Swanson
  Chief Justice Shirley S. Abrahamson and Justice Louis B. Butler Jr. dissent.
  

Calumet County

• 2004AP1192-W State ex rel. Van Hout v. Endicott

Dane County

• 2005AP1073 Knickmeier v. Reinke
• 2006AP2005 Middleton BB v. Jacobsen
  Justice Patience Drake Roggensack dissents. Justice N. Patrick Crooks did not participate.
• 2006AP2061-CRLV State v. Freer

Dunn County

• 2006AP60 Anderson v. LIRC

Fond du Lac County

• 2006AP94-CR State v. Farr
  Chief Justice Shirley S. Abrahamson and Justice David Prosser Jr. dissent.

Marathon County

• 2005AP605-CR State v. Altman
• 2005AP2985 State v. Cherek

Milwaukee County

• 2005AP52 Bilda v. Milw. Co.
  Justice Louis B. Butler Jr. dissents.
• 2005AP1007 Malzewski v. Rapkin
  Justice Patience Drake Roggensack dissents.
• 2005AP1039 American Transmission v. Ryan
• 2005AP1668 State v. Howell
• 2005AP1721-CRNM State v. Hopkins
• 2005AP2042-CR State v. Lee
• 2005AP2210-CR State v. Stokes
• 2005AP2292 3303-05 Marina Rd. v. Zennett Properties
• 2005AP2304 State v. Henderson
• 2005AP2428 State ex rel. Isom v. Endicott
• 2005AP2491-CR State v. Robinson
• 2006AP298 and 2006AP299 State v. Shawnetta M.J.
• 2006AP821 Darne v. Clarke

Oconto County

• 2005AP181 State v. Demmerly
• 2006AP264-CR State v. Vandenheuvel

Outagamie County

• 2006AP563-CR State v. Malkmus

Racine County

• 2006AP16-CRNM and 2006AP17-CRNM State v. Driggers

Walworth County

• 2005AP3102-CRNM State v. Birk

Waukesha County

• 2006AP1545 Darnell M. v. Waukesha County DHSS

Waupaca County

• 2006AP51 Maciolek v. Ross

Waushara County

• 2005AP1357 Vang v. Vang

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

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