Wisconsin Supreme Court accepts three new cases

Madison, Wisconsin - August 16, 2019

The Wisconsin Supreme Court has voted to accept three new cases, and the Court acted to deny review in a number of other cases. The case numbers, counties of origin, and the issues presented in granted cases are listed below. More detailed synopses will be released at a later date. More information about pending appellate cases can be found on the Wisconsin Supreme Court and Court of Appeals Access website. Published Court of Appeals opinions can be found here, and the status of cases pending in the Supreme Court can be found here.

2016AP1982 Winnebago  County v. C.S.
Supreme Court case type:
Petition for Review
Court of Appeals: District II
Circuit Court: Winnebago County, Judge Karen L. Seifert and Judge Barbara Hart Key, affirmed
Long caption: In the matter of the mental commitment of C.S.: Winnebago  County, Petitioner-Respondent, v. C. S., Respondent-Appellant-Petitioner

Issue presented: Does Wis. Stat. § 51.61(1)(g) violate substantive due process because it does not require a finding of dangerousness to involuntarily medicate a prisoner?

2017AP2132 Timothy W. Miller v. Angela L. Carroll
Supreme Court case type:
Petition for Review
Court of Appeals:  District III
Circuit Court: Barron County, Judge J. Michael Bitney, reversed and cause remanded with directions
Long caption: In re the Paternity of B.J.M.: Timothy W. Miller, Joint-Petitioner-Appellant, v. Angela L. Carroll, Joint-Petitioner-Respondent-Petitioner

Issues presented:      

  • In this matter of first impression, without any allegation of subjective bias, without any allegation that objective facts existed that Judge Bitney treated Timothy W. Miller ("Mr. Miller") unfairly, and when there were no electronic social media ("ESM") communications between Ms. Carroll and Judge Bitney regarding the merits of the underlying case, does being a "friend" on Facebook alone overcome the presumption that judges are fair, impartial, and capable of ignoring any biasing influences thereby constituting a due process violation and a bright-line rule prohibiting the judicial use of ESM?
  • In this matter of first impression, does "liking" a Facebook post unrelated to the pending litigation or commenting on a Facebook post unrelated to the pending litigation constitute an ex parte communication between a party and a judge?

2017AP2440/2441-CR State v. Richard H. Harrison, Jr.
Supreme Court case type:
Petition for Review and Petition for Cross Review
Court of Appeals: District IV
Circuit Court: Clark County, Judge Nicholas J. Brazeau, Jr., reversed and cause remanded with directions
Long caption: State of Wisconsin, Plaintiff-Appellant-Petitioner, v. Richard H. Harrison, Jr., Defendant-Respondent-Cross Petitioner

Issues presented:      

  • The State's petition asks this court to review the following issue: Did the Court of Appeals err when it ignored [Wis. Stat. § 973.04] to effectively award Harrison sentence credit?
  • Harrison's petition for cross-review frames the issue the court should review as follows: Whether Harrison is entitled to sentence credit against his 2007 and 2008 sentences for the extra three years he spent in prison serving no other lawfully imposed sentence.

Review denied: The Supreme Court denied review in the following cases. As the state's law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:

18AP227-CR State v. Lagrew–Justice Ann Walsh Bradley did not participate.

17AP2423-CR State v. Stevenson
19AP552-W Rindahl v. Court of Appeals, District IV

Fond du Lac
17AP144-CR State v. Whitelow–Justice Brian K. Hagedorn did not participate.

Green Lake
18AP652 Pence v. Slate

18AP713-CR State v. Sadler

17AP2090-CR State v. Thompson

17AP2184-CR State v. Farmer–Justice Brian K. Hagedorn did not participate.
19AP891-W DeRosch v. Circuit Court for Kenosha County

La Crosse
16AP1659-CR State v. Pocknell

18AP245-CR State v. Reichling

18AP584-CR State v. Kharb

16AP1817-CR State v. Beal
17AP597 Kleos Capital Partners v. Bozzacchi
17AP1689-CR State v. Gray
17AP1722-CR State v. Spencer
17AP1723-CR State v. Brooks
17AP1770 State v. B.D.S.
17AP2046-2047-CR State v. Crawford
17AP2274-CR State v. Barnett
17AP2290-CR State v. Fisher
17AP2480-CR State v. Fennell
18AP111-CR State v. Wingo
18AP783-CR State v. Dunn
18AP797-CR State v. Ford–Chief Justice Patience Drake Roggensack did not participate.
18AP803-CR State v. Johnson
18AP923 State v. Earsley
18AP952-CR State v. Rivera
18AP1160-CR State v. Graham
18AP1046-W Hutchinson v. Circuit Court for Milwaukee County
18AP1242-1243-CR State v. Staten
18AP1506-CR State v. Staten
18AP1532-CR State v. Tolbert

17AP2394 Petitioner v. Borowski–Justice Brian K. Hagedorn did not participate.

18AP667 State v. Bell–Justice Brian K. Hagedorn did not participate.
18AP698-CR State v. Odems

18AP1250 Village of Prairie du Sac v. Meyer

17AP2521-CR State v. Kakwitch

18AP153-CR State v. Reigle–Justice Brian K. Hagedorn did not participate.

17AP2535-CR State v. Minehan–Justice Brian K. Hagedorn did not participate.
18AP1896 E.M.K. v. Z.T.R.

Tom Sheehan
Court Information Officer
(608) 261-6640

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