MONTHLY STATISTICAL REPORT
JULY 2010
This statistical report presents information about the case filings and dispositions of the Wisconsin Supreme Court during the month of July 2010 and to date for the term that began on September 1, 2009.
Opinions Issued
by the Court
The Supreme Court issued opinions resolving 37 cases in July. Information about these opinions, including the Court’s dispositions and the names of the authoring justices, can be found on the attached table.
July
2010 Term to Date
Total number of cases resolved by opinion .............................. 37 97
Attorney disciplinary cases................................................. 3 34
Judicial disciplinary cases................................................... 0 0
Civil cases......................................................................... 18 40
Criminal cases .................................................................. 16 23
Petitions for Review
A total of 52 petitions for review were filed during the month. A petition for review asks the Supreme Court to review the decision of the Court of Appeals. The Supreme Court’s jurisdiction is discretionary, meaning that review is granted in selected cases only. In July, the Supreme Court disposed of 101 petitions for review, of which 1 petition was granted. The Supreme Court currently has 180 petitions for review pending.
July
2010 Term to Date
Petitions for Review filed.......................................................... 52 655
Civil cases......................................................................... 29 334
Criminal cases................................................................... 23 321
Petition for Review dispositions................................................ 101 715
Civil cases (petitions granted)............................................. 34 (1) 361 (34)
Criminal cases (petitions granted)....................................... 67 (0) 354 (16)
Petitions for
Bypass
In July, the Supreme Court received two petitions for bypass and disposed of one petition for bypass. In a petition for bypass, a party requests that the Supreme Court take jurisdiction of an appeal or other proceeding pending in the Court of Appeals. A matter appropriate for bypass is usually one which meets one or more of the criteria for review by the Supreme Court and one the Supreme Court concludes it will ultimately choose to consider regardless of how the Court of Appeals might decide the issues. A petition for bypass may also be granted where there is a clear need to hasten the ultimate appellate decision. The Supreme Court currently has two petitions for bypass pending.
July
2010 Term to Date
Petitions for Bypass filed.......................................................... 2 12
Civil cases......................................................................... 1 11
Criminal cases................................................................... 1 1
Petition for Bypass dispositions................................................ 1 13
Civil cases (petitions granted)............................................. 1 (0) 11 (1)
Criminal cases (petitions granted)....................................... 0 (0) 2 (0)
Requests for
Certification
During July 2010, the Supreme Court received two requests for certification and disposed of no requests for certification. In a request for certification, the Court of Appeals asks the Supreme Court to exercise its appellate jurisdiction before the Court of Appeals hears the matter. A request for certification is decided on the basis of the same criteria as a petition to bypass. The Supreme Court currently has two requests for certification pending.
July
2010 Term to Date
Requests for Certification filed.................................................. 2 10
Civil cases......................................................................... 1 8
Criminal cases................................................................... 1 2
Request for Certification dispositions........................................ 0 10
Civil cases (requests granted)............................................. 0 (0) 8 (8)
Criminal cases (requests granted)....................................... 0 (0) 2 (0)
Regulatory
Matters, Supervisory Writs, and Original Actions
During the month, no matters within the regulatory jurisdiction of the Court (bar admission, lawyer discipline, and judicial discipline) were filed and no such cases were reopened. The Supreme Court also received 7 petitions for supervisory writ, which ask the Supreme Court to order the Court of Appeals or a circuit court to take a certain action in a case. No original actions were filed. An original action is a petition asking the Supreme Court to take jurisdiction over a particular matter. When an opinion is issued in these cases, the disposition is included in “Opinions Issued by the Court” above; otherwise, the case is disposed of by order and is included in the totals below. The Supreme Court currently has 23 regulatory matters and 11 petitions for supervisory writ pending.
July
2010 Term to Date
Filings
Attorney discipline (including reopened cases).......................... 0 35
Judicial discipline..................................................................... 0 1
Bar admission.......................................................................... 0 0
Petitions for Supervisory Writ.................................................. 7 60
Other (including Original Actions)............................................. 0 7
Dispositions
by Order
Attorney discipline................................................................... 0 15
Judicial discipline..................................................................... 0 1
Bar admission.......................................................................... 0 0
Petitions for Supervisory Writ.................................................. 14 71
Other (including Original Actions)............................................. 2 12
DECISIONS BY THE
OPINIONS ISSUED DURING JULY 2010
ATTORNEY DISCIPLINE CASES
Docket No. Title Date
|
2007AP002638-D |
OLR v. James W. Frisch Public Reprimand Per Curiam Concurrence/Dissent: Abrahamson, C.J. joined by Bradley, J. and Crooks, J. |
07/02/2010 |
|
2010AP000726-D |
Office of Lawyer Regulation (OLR) v. Leonard V. Brady License Revoked Per Curiam[1] |
07/27/2010 |
|
2009AP000945-D |
OLR v. Maureen B. Fitzgerald 6 Month Suspension Per Curiam |
07/28/2010 |
CIVIL AND CRIMINAL CASES
Docket No. Title Date
|
2008AP000089 |
Michael Pries v. Raymond McMillon, ABC Insurance Company Affirmed. Majority Opinion: Crooks, J. Concurrence: Abrahamson, C.J. Dissent: Bradley, J. joined by Roggensack, J. and Gableman, J. Dissent: Gableman, J. |
07/02/2010 |
|
2008AP000921 |
E-L Enterprises, Inc. v. Milwaukee Metropolitan Sewerage District Court of Appeals decision reversed. Majority Opinion: Ziegler, J. Concurrence: Bradley, J. joined by Abrahamson, C.J. Dissent: Prosser, J. |
07/02/2010 |
|
2008AP002812 |
Glen D. Hocking and Louann Hocking v. City of Court of Appeals decision affirmed. Majority Opinion: Gableman, J. |
07/02/2010 |
|
2008AP001700 |
Maryland Arms Ltd Partnership v. Cari M. Connell and Linda J. Connell Court of Appeals analysis modified, and, as modified, affirmed. Majority Opinion: Bradley, J. Concurrence: Ziegler, J. Dissent: Prosser, J. joined by Gableman, J. |
07/07/2010 |
|
2008AP001521-CR |
State v. Rashaad A. Imani Court of Appeals decision reversed. Majority Opinion: Ziegler, J. Concurrence/Dissent: Crooks, J. joined by Abrahamson, C.J. and Bradley, J. |
07/07/2010 |
|
2008AP001546 |
Robert D. Konneker and Ann M. Konneker v. Robert S. Romano
and Francis A. Romano, Norman E. Nelson and Court of Appeals decision reversed and cause remanded. Majority Opinion: Ziegler, J. Concurrence: Abrahamson, C.J. joined by Bradley, J. |
07/07/2010 |
|
2008AP002342-CR |
State v. Dwight Glen Jones Affirmed. Majority Opinion: Crooks, J. Concurrence: Bradley, J. joined by Abrahamson, C.J. |
07/08/2010 |
|
2008AP003135 |
Society Insurance and James Meyer, Inc. v. Labor & Industry Review Commission and Gary Liska, Work Injury Supplemental Benefit Fund Order affirmed. Majority Opinion: Roggensack, J. Dissent: Crooks, J. joined by Abrahamson, C.J. and Bradley, J. |
07/08/2010 |
|
2008AP000652-CR |
State v. Jim H. Ringer Court of Appeals decision reversed. Majority Opinion: Ziegler, J. Concurrence: Abrahamson, C.J. |
07/08/2010 |
|
2009AP000003-CR |
State v. Travis Vondell Cross Circuit Court order and judgment affirmed. Majority Opinion: Gableman, J. Concurrence: Abrahamson, C.J. joined by Bradley, J. |
07/08/2010 |
|
2008AP000912 |
Bank Mutual f/k/a First Northern Savings Bank v. S.J. Boyer Construction, Inc., Steven J. Boyer and Marcy A. Boyer, Pioneer Credit Union Court of Appeals decision reversed Majority Opinion: Prosser, J. Dissent: Abrahamson, C.J. joined by Bradley, J. Ziegler, J. did not participate. |
07/09/2010 |
|
2007AP002791 |
Admanco, Inc. by Michael S. Polsky, Receiver v. 700 Stanton Drive, LLC, M&I Marshall & Ilsley Bank, EBSCO Industries, Inc., Alliance Laundry Systems, Inc. Court of Appeals decision reversed and cause remanded. Majority Opinion: Roggensack, J. Dissent: Crooks, J. joined by Bradley, J. Abrahamson, C.J. and Ziegler, J. did not participate. |
07/13/2010 |
|
2008AP001494 |
Vearl Miller, Wanda Miller and Ross, Dayne, and Wade Miller, by Guardian ad Litem Robert Mubarak v. The Hanover Insurance Company and Massachusetts Bay Insurance Company, Zurich American Insurance Company Court of Appeals decision reversed and remanded Majority Opinion: Roggensack, J. Concurrence: Bradley, J. joined by Abrahamson, C.J. |
07/13/2010 |
|
2006AP001811-CR |
State v. Patrick Carter Court of Appeals decision modified and, as modified, affirmed. Majority Opinion: Abrahamson, C.J. Concurrence: Gableman, J. Concurrence/Dissent: Roggensack, J. Dissent: Prosser, J. Dissent: Ziegler, J. |
07/14/2010 |
|
2008AP001324 |
Kevin Blum, Jr. by his Guardian ad Litem, Jason Studinski, WEA Insurance Company v. 1st Auto & Casualty Insurance Company Court of Appeals decision affirmed. Majority Opinion: Prosser, J. Concurrence/Dissent: Bradley, J. joined by Abrahamson, C.J. Concurrence/Dissent: Roggensack, J. joined by Ziegler, J. and Gableman, J. |
07/14/2010 |
|
2008AP000810-CR |
State v. Landray M. Harris Court of Appeals decision reversed. Majority Opinion: Gableman, J. Concurrence: Bradley, J. joined by Abrahamson, C.J. and Crooks, J. |
07/14/2010 |
|
2008AP000880-CR |
State v. Robert L. Artic, Sr. Court of Appeals decision affirmed. Majority Opinion: Prosser, J. Dissent: Abrahamson, C.J. joined by Bradley, J. |
07/15/2010 |
|
2008AP002231-CR |
State v. Michael. R. Hess Court of Appeals decision affirmed. Majority Opinion: Prosser, J. Concurrence: Ziegler, J. Dissent: Gableman, J. joined by Roggensack, J. Crooks, J. did not participate. |
07/15/2010 |
|
2008AP001204-CR |
State v. Juiquin A. Pinkard Court of Appeals decision affirmed. Majority Opinion: Roggensack, J. Dissent: Bradley, J. joined by Abrahamson, C.J. and Prosser, J. |
07/15/2010 |
|
2008AP000266-CR |
State v. Terion L. Robinson Court of Appeals decision affirmed. Majority Opinion: Ziegler, J. Dissent: Bradley, J. joined by Abrahamson, C.J. |
07/15/2010 |
|
2007AP000900-CR |
State v. Michael A. Littlejohn Court of Appeals opinion affirmed and cause remanded. Majority Opinion: Gableman, J. Dissent: Abrahamson, C.J. joined by Bradley, J. |
07/15/2010 |
|
2007AP001894-CR |
State v. David A. Dearborn Court of Appeals decision affirmed Majority Opinion: Gableman, J. Dissent: Abrahamson, C.J. joined by Bradley, J. |
07/15/2010 |
|
2008AP000967-AC |
Karen Schill, Traci Pronga, Kimberly Martin, Robert
Dresser and Mark Larson v. Circuit Court order reversed and cause remanded. Majority Opinion: Abrahamson, C.J. Concurrence: Bradley, J. Concurrence: Gableman, J. Dissent: Roggensack, J. joined by Ziegler, J. |
07/16/2010 |
|
2008AP002937 |
Mercycare Insurance Company and Mercycare HMO, Inc. v. Wisconsin Commissioner of Insurance Circuit Court judgment reversed. Majority Opinion: Bradley, J. Concurrence: Roggensack, J. joined by Ziegler, J. and Gableman, J. |
07/16/2010 |
|
2007AP000795 |
State v. Aaron A. Allen Court of Appeals decision affirmed. Majority Opinion: Prosser, J. Concurrence: Abrahamson, C.J. joined by Bradley, J. |
07/16/2010 |
|
2007AP2827-CRAC |
State v. Corey Kleser Court of Appeals decision affirmed in part, reversed in part, and cause remanded. Majority Opinion: Prosser, J. Concurrence/Dissent: Bradley, J. joined by Abrahamson, C.J. |
07/16/2010 |
|
2007AP002711-CR |
State v. Donald J. McGuire Court of Appeals decision affirmed. Majority Opinion: Prosser, J. |
07/20/2010 |
|
2009AP000728 |
Wisconsin Medical Society, Inc. and David M. Hoffmann, M.D. v. Michael L. Morgan Circuit Court order reversed and cause remanded. Majority Opinion: Prosser, J. Concurrence: Abrahamson, C.J. joined by Bradley, J. |
07/20/2010 |
|
2008AP000658-CR |
State v. Michael A. Sveum Court of Appeals decision affirmed. Majority Opinion: Roggensack, J. Concurrence: Crooks, J. Concurrence: Ziegler, J. Dissent: Abrahamson, C.J. joined by Bradley, J. |
07/20/2010 |
|
2008AP002028 |
Barbara C. Grygiel and Janet M. Nahorn v. Monches Fish & Game Club, Inc., Karl J. Scheife Court of Appeals decision reversed and cause remanded. Majority Opinion: Roggensack, J. Concurrence/Dissent: Abrahamson, C.J. |
07/20/2010 |
|
2008AP000170 |
Walter Tatera, deceased, and Vicki Tatera, individually and as special administrator of the estate of Walter Tatera v. FMC Corporation, United Healthcare and American Medical Society, Kelsey-Hayes Company p/k/a K H Corp. Court of Appeals decision reversed. Majority Opinion: Ziegler, J. Dissent: Crooks, J. joined by Abrahamson, C.J. and Bradley, J. |
07/20/2010 |
|
2008AP000697-CR |
State v. Dimitri Henley Circuit Court order reversed and cause remanded for entry
of an order denying Majority Opinion: Gableman, J. Concurrence: Prosser, J. Dissent: Crooks, J. joined by Abrahamson, C.J. and Bradley, J. |
07/21/2010 |
|
2008AP001144 |
Borek Cranberry March, Inc. v. Court of Appeals decision affirmed and cause remanded. Majority Opinion: Gableman, J. Dissent: Abrahamson, C.J. joined by Bradley, J. |
07/21/2010 |
|
2008AP001703 |
Dawn M. Sands v. Menard, Inc. Court of Appeals decision reversed and remanded. Majority Opinion: Gableman, J. Dissent: Abrahamson, C.J. joined by Bradley, J. and Crooks, J. |
07/21/2010 |
[1] “Per Curiam” means “by the Court.” Opinions issued per curiam are handed down by the Court as a whole.