August 8, 2013

 

wisconsin supreme court

 

table of pending cases

 

Clerk of Supreme Court

Telephone:  (608) 266-1880

Facsimile:  (608) 267-0640

Web Site:  www.wicourts.gov

Wisconsin Supreme Court Case Access:  http://wscca.wicourts.gov

 

            The following table describes pending cases the Supreme Court has accepted on petition for review, bypass, certification and original jurisdiction.

            The cases included for the first time (that is, the most recently accepted cases) are marked with an * next to the case number.  After the Supreme Court decides a case, the date of oral argument or date of submission on briefs is replaced with the date of the Supreme Court decision and abbreviated mandate.  That mandate will generally be listed in the table for two months and then the case will be removed from the table.

            The information in the table, from left to right, is as follows:

·         the case number;

·         an abbreviated caption of the case (case name);

·         a statement of the issue(s);

·         the date the Supreme Court accepted the case;

·         the method by which the case came to the Supreme Court:  REVW = Petition for review, CERT = Certification, CERQ = Certified Question, BYPA = Petition to bypass, ORIG = Original Action, WRIT = Petition for supervisory writ, REMD = Remanded from the U.S. Supreme Court;

·         the date of oral argument or submission on briefs; or the date of the Supreme Court decision and an abbreviated mandate;

·         the Court of Appeals district from which the case came, if applicable; the county;

·         the date of the Court of Appeals decision, if applicable;

·         whether the Court of Appeals decision is published or unpublished, and, if it is published, the citations to the public domain citation and the official reports for the Court of Appeals decision.

            The statement of the issue is cursory and does not purport to be an all-inclusive, precise statement of the issues in the case.  Readers interested in a case should determine the precise nature of the issues from the record and briefs filed with the Supreme Court.

            The following table covers cases accepted and decisions issued through August 8, 2013.  Please direct any comments regarding this table to the Clerk of Supreme Court, P.O. Box 1688, Madison, WI 53701-1688, telephone (608)266-1880.

 

 

Case No.

Caption/Issue(s)

SC Accepted

CA

Dist/

Cty

CA

Decision

2007AP221 &

2007AP1440

            Bostco LLC v. Milwaukee Metropolitan Sewerage District

 

Whether the plain language of Wis. Stat. §§ 893.80(3) and (5) restricts the judiciary’s equitable power to award injunctive relief.

 

Whether the statute’s damage cap limits damages recoverable on a continuing nuisance claim of an ongoing interference with use and enjoyment of property that is abatable.

 

Whether the statute’s damage cap violates the equal protection clause of the state constitution on its face or as applied.

 

Whether the government’s taking ground water contained within a claimant’s land without just compensation gives rise to an inverse condemnation claim and, if so, what would be the proper measure of damages.

 

Because the District maintains and operates the Deep Tunnel pursuant to a DNR permit, is the District deprived of immunity under Wis. Stat. § 893.80(4) for its discretionary design decision to line only certain portions of the Deep Tunnel with concrete?

 

Did the plaintiffs comply with Wis. Stat. § 893.80(1)’s notice of claim requirements?

 

02/23/2012

REVW

Affirmed in part, reversed in part, remanded

07/18/2013

2013 WI 78

1

Milwaukee

06/29/2011

Pub

2011 WI App 76

334 Wis. 2d 620

800 N.W.2d 518

2008AP1523

            Rock-Koshkonong Lake District, et al.  v. DNR, et al.

 

Did the DNR correctly apply Wis. Stat. § 31.02(1) when considering effects upon property interests, such as residential values, business income, and public revenue?

 

Did the DNR exceed the scope of its authority to protect “public rights in navigable waters” under § 310.02(1), by considering the effects of the water level order on private wetlands located above the ordinary high water mark?

 

Did the DNR exceed the scope of its authority by applying Wis. Admin. Code § NR 103 to a water level proceeding under Wis. Stat. Ch. 31?

 

02/23/2012

REVW

Reversed, remanded

07/16/2013

2013 WI 74

4

Rock

08/30/2011

Pub

2011 WI App 115

336 Wis. 2d 677

803 N.W.2d 853

2009AP2916-CR

            State v. Gregory M. Sahs

 

Whether a defendant’s appeal can be dismissed on the basis that a statement made to a probation agent in question was allegedly not in the record.

 

Whether a defendant’s statement to a probation agent was coerced under the circumstances.

 

11/14/2012

REVW

Affirmed

06/18/2013

2013 WI 51

1

Milwaukee

Unpub.

2010AP425

            State v. Tramell E. Starks

 

Whether a defendant’s motion to vacate a DNA surcharge counts as a prior motion for purposes of the successive motion bar under Wis. Stat. § 974.06(4) and State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), addressing specifically the holdings in State v. Starks, No. 2010AP425, unpublished slip op. (Wis. Ct. App. June 14, 2011), State v. Matamoros, No. 2009AP2982, unpublished slip op. (Wis. Ct. App. Dec. 21, 2010), and State v. Nickel, 2010 WI App 161, 330 Wis. 2d 750, 794 N.W.2d 765.

 

What are the pleading standards for determining whether a defendant’s allegations of ineffective assistance of postconviction counsel for failing to allege ineffective assistance of trial counsel satisfy the “sufficient reason” requirement of Wis. Stat. § 974.06(4)?

 

08/02/2012

REVW

Affirmed

07/12/2013

2013 WI 69

1

Milwaukee

Unpub.

2010AP1639-CR

             State v. Erick O. Magett

 

Where a defendant has entered a plea of not guilty by reason of mental disease or defect, may a court summarily refuse to hold a jury trial on the defense if it determines that the defendant will not present sufficient evidence to create a jury question?  Would such circumstances result in harmless error upon appellate review?

 

03/13/2013

REVW

Oral Arg

09/11/2013

4

Grant

Unpub.

2010AP2363-CR/

2010AP2364-CR

           State v. Richard Lavon Deadwiller

 

Whether an outside laboratory report was not testimonial on the basis of the recent U.S. Supreme Court decision in Williams v. Illinois, 567 U.S. ___, 132 S. Ct. 2221 (2012).

 

01/14/2013

REVW

Affirmed

07/16/2013

2013 WI 75

 

1

Milwaukee

08/29/2012

Pub.

2012 WI App 89

343 Wis. 2d 703

820 N.W.2d 149

2010AP3015

             Frank J. Sausen v. Town of Black Creek Board of Review

 

Whether a board of review’s assessment of the classification of property is entitled to a presumption of correctness.  See Peninsular Power Co. v. Wisconsin Tax Commission, 195 Wis. 231, 218 N.W. 371 (1928).

 

04/18/2013

REVW

Oral Arg

09/04/2013

3

Outagamie

Unpub.

2010AP3016-CR

             State v. Nicolas Subdiaz-Osorio

 

Whether police may track the real-time location of a cell phone user without a warrant.

 

Whether a criminal suspect made an unequivocal and unambiguous request for counsel during interrogation.

 

Whether evidence obtained from cell phone tracking and statements made during interrogation should be suppressed or whether the admission of such evidence and statements constitutes harmless error.

 

03/13/2013

REVW

Oral Arg

10/03/2013

In Sheboygan, Justice On Wheels

2

Kenosha

Unpub.

2010AP3034-CR

             State v. Kenneth M. Sobczak

 

May a temporary houseguest consent to a police search of his or her host’s home and a computer located inside the home that the houseguest was explicitly permitted to use?

 

06/13/2012

REVW

Affirmed

06/20/2013

2013 WI 52

2

Washington

01/25/2012

Pub.

2012 WI App 6 338 Wis. 2d 410 808 N.W.2d 730

2010AP3158

             Park Bank v. Roger E. Westburg

 

Is a corporate shareholder and guarantor barred from asserting a personal claim for damages for breach of contract and fiduciary duties against a lender, if the corporation also sustained injury as a result of the same alleged wrongful conduct of the lender?

 

Does a default foreclosure judgment in favor of a lender in a prior lawsuit solely between the lender and a limited liability corporation borrower preclude member-guarantors from personally asserting affirmative defenses and counterclaims in a separate lawsuit brought by the lender against the guarantors on their separate guaranty contracts?

 

Does the filing of a Wisconsin Chapter 128 receivership proceeding by a corporation preclude shareholder-guarantors from asserting affirmative defenses and counterclaims in a subsequent lawsuit brought by one of the corporate entities’ lenders against the shareholder-guarantors on their personal guaranties of the corporation?

 

Can a plaintiff rely upon unpled allegations of loan defaults in a Motion for Summary Judgment and Motion in Limine, without amending its Complaint, and over repeated objections, Motion in Limine, and Motion to Strike made by defendants?

 

09/14/2012

REVW

Affirmed

07/03/2013

2013 WI 57

2

Walworth

Unpub.

2011AP203

             Xcel Energy Services, Inc. v. LIRC

 

Whether the circuit court lacked competency due to counsel for Xcel and ACE American Insurance Co. (ACE) failing to name ACE a party to the case.

 

Did the court of appeals properly grant itself authority to review the circuit court’s denial of the Labor and Industry Review Commission’s (LIRC’s) motion to dismiss when LIRC did not file a notice of appeal or cross-appeal?

 

Should LIRC’s modification of one Administrative Law Judge’s (ALJ’s) order be set aside because LIRC’s decision was inconsistent with another ALJ’s prior unappealed holding that it was premature to assess permanent total disability until respondent underwent additional treatment?

 

Should LIRC’s modification of the ALJ’s order be set aside and remanded because substantial and credible evidence does not support LIRC’s finding that the respondent reasonably refused medical treatment?

 

09/14/2012

REVW

Reversed and remanded

07/11/2013

2013 WI 64

3

Chippewa

02/29/2012

Pub.

 2012 WI App 19

339 Wis. 2d 413

 810 N.W.2d 865

2011AP394-CR

               State v. Demone Alexander

 

Does a criminal defendant have a constitutional right to be present when the trial court questions a sitting juror during the course of a jury trial and dismissing that juror for cause, or may that right be waived by counsel without the trial court conducting a colloquy with the defendant?

 

11/14/2012

REVW

Affirmed

07/12/2013

2013 WI 70

1

Milwaukee

Unpub.

2011AP450-CR

             State v. Julius C. Burton

 

Since the defendant had the right to a jury trial to determine whether he was not responsible for the crimes by reason of mental disease or defect, even if he had pled guilty to the crimes, and since defense counsel had not indicated at the plea hearing that he had been made aware of that right and intended to waive it, was the defendant denied effective assistance of counsel and was he entitled to have his guilty pleas withdrawn? 

 

Since the circuit court failed to advise the defendant that he had a right to plead guilty to the crimes charged and still have a jury trial to determine whether he was not responsible for the crimes by reason of mental disease or defect, had the defendant’s pleas of guilty not been knowingly, voluntarily and intelligently made and, therefore, was the defendant entitled to have his guilty pleas withdrawn?

 

09/27/2012

REVW

Affirmed

07/10/2013

2013 WI 61

1

Milwaukee

Unpub.

2011AP564

             Marshall Schinner v. Michael Gundrum, et al.

 

Is the act of giving alcoholic beverages to underage persons at a party leading to an injury to a person at the party an “occurrence” or “accident” as that term is used in a homeowner’s liability insurance policy?

 

Does the act of hosting a party in a secluded shed on separate business property have some connection with that real property where it happened so as to constitute a “claim arising out” of a business location that was not the insured home?

 

Does the storage of some personal property on undisputedly business property that is not listed or defined as an insured location on a homeowner’s insurance liability policy convert the business location to an insured location under the homeowner’s insurance liability policy?

 

06/13/2012

REVW

Reversed

07/12/2013

2013 WI 71

2

Washington

03/28/2012

Pub.

2012 WI App 31 340 Wis. 2d 195 811 N.W.2d 431

2011AP583

             Marilyn M. Brown v. Acuity, A Mutual Insurance Company

 

Is a volunteer firefighter’s decision, while responding to an emergency call in his personal vehicle, to drive through a red light without sounding an audible signal a discretionary decision entitled to governmental immunity?

 

Is a volunteer firefighter acting within the scope of his employment for purposes of governmental immunity while driving in his personal vehicle from his home to the fire station in response to an emergency call?

 

10/17/2012

REVW

Reversed and remanded

07/09/2013

2013 WI 60

2

Waukesha

06/27/2012

Pub.

2012 WI App 66

342 Wis. 2d 236

815 N.W.2d 719

2011AP691-CR

        State v. Matthew R. Steffes

 

Whether the elements of the theft by fraud statute, Wis. Stat. § 943.20 (1), require a false promise or representation of payment that induces the victim to provide or relinquish some tangible property to the defendant.

 

Whether electricity used to power a telephone network can be considered tangible property under the theft by fraud statute.

 

Whether the court correctly valued the stolen applied electricity by the value of the telephone services used by the criminal conspiracy and not paid for.

 

10/16/2012

REVW

Affirmed

06/20/2013

2013 WI 53

1

Milwaukee

04/25/2012

Pub.

2012 WI App 47

340 Wis. 2d 576

812 N.W.2d 529

2011AP788

           Christopher T. Beidel v. Sideline Software, Inc.

 

Had the employee been terminated within the meaning of section 6 of the Stock Repurchase Agreement?

 

Was the employee required to prove a constructive termination under the essential elements set out in Strozinsky v. School Dist. Of Brown Deer, 2000 WI 97, ¶83, 237 Wis. 2d 19, 614 N.W.2d 443, in order to put his shares to Sideline Software, Inc. for the stipulated price?

 

Does the implied covenant of good faith and fair dealing require a court to “assess competing equities” between the parties in making a determination whether an unambiguous provision of a contract has been breached?

 

When a breach of contract lawsuit has been pled as an equitable action for specific performance, does a trial court have greater latitude in reaching a conclusion that the contract has been breached by the defendant than if the lawsuit has been pled as one for money damages?

 

Whether the concept of “constructive discharge” as used in the context of wrongful termination claims has any applicability to the claims asserted by plaintiff-appellant in this case.

 

If “constructive discharge” as that term is used in wrongful termination claims is at issue in this case, whether the concept should be modified in situations where the employer is claiming that the employee remained employed (as opposed to situations where the employer is claiming that the employee voluntarily resigned his or her employment), including whether the requirement of the resignation of employment is appropriate in such situations.

 

If the concept of “constructive discharge” as used in wrongful termination claims either is not at issue in this case and should not be modified, whether a new concept should be adopted to address situations where a plaintiff employee asserts that his/her employment was effectively terminated while the employer asserts that the employee’s employment continued, as has occurred in this case.

 

09/14/2012

REVW

Affirmed

07/02/2013

2013 WI 56

1

Milwaukee

03/28/2012

Pub.

2012 WI App 36

 340 Wis. 2d 433

 811 N.W.2d 856

2011AP902

             Isaac Sawyer v. West Bend Mutual Insurance Company

 

Is a one-page faxed advertisement sent by one business to another in violation of the Telephone Consumer Protection Act (TCPA) considered a publication of material violating a person’s right to privacy thereby entitling the violator to liability coverage under the specifically defined personal and advertising injury insurance coverage?

 

Does the Knowing Violation of Rights of Another exclusion clause exclude coverage under the personal and advertising injury coverage for the sending of a one page facsimile advertisement that is in violation of the TCPA?

 

11/14/2012

REVW

1

Milwaukee

08/29/2012

Pub.

2012 WI App 92

 343 Wis. 2d 714

 821 N.W.2d 250

2011AP1044-CR /  2011AP1105-CR

           State v. Dale R. Neumann

          State v. Leilani F. Neumann

 

What is the scope of the prayer treatment exception under Wis. Stat. § 948.03(6) where defendants are charged with second-degree reckless homicide under Wis. Stat. § 940.06 (1) and what are the appropriate jury instructions when that exception is raised in a reckless homicide case?

 

06/13/2012

CERT

Affirmed

07/03/2013

2013 WI 58

 

3

Marathon

--

2011AP1045

           Thomas D. Nowell v. City of Wausau

 

Whether circuit court review of municipal court decisions under Wis. Stat. § 125.12 (2) (d) to determine non-renewal of an alcohol license is pursuant to certiorari or a de novo hearing.

 

03/12/2013

REVW

Oral Arg

09/18/2013

3

Marathon

09/27/2012

Pub.

2012 WI App 100

344 Wis. 2d 269

823 N.W.2d 373

2011AP1158

           Showers Appraisals, LLC v. Musson Bros., Inc.

 

Is a private governmental contractor entitled to sovereign immunity under Estate of Lyons v. CAN Insurance Company, 207 Wis. 2d 446, 558 N.W.2d 658 (Ct. App. 1996) for its efforts to maintain water drainage on a construction site so as to protect an adjacent private property from water damage?

 

11/14/2012

REVW

Reversed, remanded

07/18/2013

2013 WI 79

2

Winnebago

07/27/2012

Pub.

2012 WI App 80

 343 Wis. 2d 623

 819 N.W.2d 316

2011AP1176/

2011AP1177

           Joseph McLeod v. Patricia Mudlaff, et al.

 

Does a court have the authority to entertain an action to declare a marriage void after one of the spouses has died?

 

10/17/2012

CERT

Reversed, remanded

07/16/2013

2013 WI 76

 

2

Washington

--

2011AP1451

           Amjad T. Tufail v. Midwest Hospitality, LLC

 

Whether a judicial interpretation of a use provision in a lease for premises to operate a fast-food restaurant comports with the standards of contract interpretation.

 

01/14/2013

REVW

Reversed and remanded.

07/10/2013

2013 WI 62

 

1

Milwaukee

Unpub.

*2011AP1514             

          Robert L. Kimble v. Land Concepts, Inc, et al.

 

Whether a $1,000,000 punitive damages award against a title insurance company violates the Wisconsin Constitution or the common law of Wisconsin.

 

07/14/2013

REVW

3

Door

Unpub.

2011AP1566

           United Concrete & Construction, Inc. v. Red-D-Mix

           Concrete, Inc.

 

Whether the determination that statements made by a seller are puffery is a question of fact or law.

 

Whether the appellate discussion of assigned claims of homeowners/customers circumvents the holding in Linden v. Cascade Stone Co., 2005 WI 113, 283 Wis. 2d 606, 639 N.W.2d 189.

 

12/10/2012

REVW

Affirmed in part, reversed in part, remanded

07/12/2013

2013 WI 72

3

Outagamie

Unpub.

2011AP1572

           Julaine K. Appling, et al. v. James E. Doyle, et al.

 

Whether Wis. Stat. ch. 770, the domestic partnership law, violates Art. XIII, § 13 of the Wisconsin Constitution.

06/12/2013

REVW

Oral Arg

10/23/2013

4

Dane

01/30/2013

Pub.

 2013 WI App 3 345 Wis. 2d 762 826 N.W.2d 666

2011AP1770-CR/

2011AP1771-CR

           State v. Brandon M. Melton 

 

Whether a circuit court has inherent authority to destroy an extra presentence investigation (PSI) report after entry of judgment for purposes not related to the original sentencing proceeding.

   

11/14/2012

REVW

Reversed

07/11/2013

2013 WI 67

2

Waukesha

08/29/2012

Pub.

2012 WI App 95

 343 Wis. 2d 784

 820 N.W.2d 487

2011AP1956

         James E. Kochanski v. Speedway Superamerica, LLC

 

Did the trial court err in giving Wis JI-Civil 410 (absent witness) instructions to a jury under the circumstances of the case?

 

02/12/2013

REVW

Oral Arg

09/04/2013

1

Milwaukee

Unpub.

2011AP2166

        David J. Rosecky v. Monica M. Schissel

 

Is the surrogacy parentage agreement valid and enforceable?

 

Is any portion of the surrogacy parentage agreement, in the event found void and unenforceable by the court, severable from the remaining terms of the agreement?

 

Is it in the child’s best interest to have no placement with the biological mother?

 

Was the trial court’s decision granting placement rights to the biological mother based on the evidence presented or was it arbitrary, constituting an abuse of discretion?

 

09/27/2012

CERT

Reversed and remanded

07/11/2013

2013 WI 66

4

Columbia

--

2011AP2188

        State ex rel. Ardonis Greer v. David H. Schwarz

 

Whether the Department of Corrections, after erroneously issuing a discharge certificate early, can pursue revocation proceedings against an individual for an action committed after he was advised he was discharged from supervision.

 

Whether a circuit court, sitting in certiorari, has the authority to apply equitable estoppel to the question of whether the Department of Corrections and Division of Hearings and Appeals acted according to law in issuing a revocation order.

 

06/12/2013

REVW

Oral Arg

10/22/2013

2

Racine

11/29/2012

Pub.

2012 WI App 122

344 Wis. 2d 639

825 N.W.2d 497

2011AP2424-CR

(consolidated with

  2012AP918,

  State v. Seaton)

        State v. Nancy J. Pinno

 

Whether the failure to object at trial to a Sixth Amendment public-trial violation should be analyzed on appeal as a “forfeiture” or a “waiver” of the issue.

 

02/25/2013

CERT

Oral Arg

09/04/2013

2

Fond du Lac

--

2011AP2482

       Wisconsin Auto Title Loans Inc. v. Kenneth M. Jones

 

Is an order denying a motion to compel arbitration immediately appealable as a “final” order under Wis. Stat. § 808.03 or the Federal Arbitration Act?

 

If an order denying a motion to compel arbitration is immediately appealable, is the trial court’s order which determined that the arbitration clause at issue is unconscionable, contrary to AT&T Mobility LLC v. Concepcion, ___ U.S. ___, 131 S. Ct. 1740 (2011), and Cottonwood Financial, Ltd. V. Estes, 2012 WI App 12, 339 Wis. 2d 472, 810 N.W.2d 852 (Cottonwood II) cases?

 

06/12/2013

CERT

1

Milwaukee

--

2011AP2597

       Associated Bank N.A. v. Jack W. Collier, et al.

 

Is a creditor’s right to obtain a common law creditor’s/receiver’s lien against a judgment debtor’s personal property conditioned upon docketing the judgment in the Judgment and Lien Docket under Wis. Stat. § 806.10 (1)?

 

Is a judgment creditor entitled to relief, in the form of a declaration, that its judgment is effectively docketed in the Judgment and Lien Docket when a clerk accepts the docketing fee but fails to record the judgment in the Judgment and Lien Docket?

 

04/18/2013

REVW

Oral Arg

09/11/2013

2

Waukesha

Unpub.

2011AP2608

       Michael D. Phillips, et al. v. Daniel G. Parmelee, et al.

 

Does the asbestos exclusion in a “Businessowners” commercial general liability (CGL) insurance policy bar coverage for claims made against the insured?

 

Does an alleged misrepresentation regarding the presence of asbestos in a building constitute an “occurrence” under a standard CGL policy?

 

Does the total pollution exclusion in a CGL policy preclude coverage for the asbestos-related damages claimed against the insured?

 

Does a standard CGL policy provide coverage for the claimed violation by the insured of Wis. Stat. §§ 895.446 and 943.20?

 

Is the coverage for the damage claim against the insured limited by the punitive damage exclusion in the CGL policy?

 

05/24/2013

REVW

Oral Arg

10/23/2013

1

Milwaukee

01/30/2013

Pub.

2013 WI App 5

345 Wis. 2d 714

826 N.W.2d 686

2011AP2698-CR

       State v. Curtis L. Jackson

 

Whether the trial court improperly denied a defendant’s motion to admit evidence of the victim’s reputation for violence where the victim’s reputation was unknown to the defendant.  (See McMorris v. State, 58 Wis. 2d 144, 152, 205 N.W.2d 559 (1973) and Wis. Stats. §§ 904.04 (2) (b) and 904.05 (1) and (2)).

 

02/12/2013

REVW

Oral Arg

09/18/2013

1

Milwaukee

Unpub.

2011AP2733-CR

       State v. Minerva Lopez

 

Whether the trial court properly exercised its discretion in determining that the prosecution’s case would be prejudiced if recorded statements of a 14-year-old victim are ruled inadmissible at trial when the victim had turned 16 and is no longer under the testimonial protection of Wis. Stat. § 908.08.

 

02/11/2013

REVW

Oral Arg

09/03/2013

4

Dane

Unpub.

2011AP2774

       Attorney's Title Guaranty Fund, Inc. v. Town Bank

 

Whether an enforceable creditors lien attaches to personal property acquired after a Wis. Stats. ch. 816 supplementary proceeding has been held.

 

Whether the fact that the supplemental commissioner’s order and proof of service were not filed with the clerk of court rendered the creditor’s lien unenforceable.

 

05/13/2013

REVW

Oral Arg

09/11/2013

2

Waukesha

01/30/2013

Pub.

2013 WI App 6

345 Wis. 2d 705

827 N.W.2d 116

2011AP2833-CR

       State v. Jacqueline R. Robinson

 

Did a trial court’s amended sentence for criminal convictions violate the double jeopardy clause of the state and federal constitutions?  (See State v. Burt, 2000 WI App 126, 237 Wis. 2d 610, 614 N.W.2d 42).

 

02/12/2013

REVW

Oral Arg

09/03/2013

1

Milwaukee

Unpub.

2011AP2864-CRAC

         State v. Samuel Curtis Johnson, III

 

Do defendants have a constitutional right to disclosure of privately-held privileged medical records?  If so, what is the basis for the constitutional right?  How should the constitutional right be defined and what are its parameters?

 

If defendants have a constitutional right to disclosure of privately-held privileged records, does the constitutional right trump privilege statutes?  May a circuit court protect the constitutional right by ordering privately-held privileged records for in camera review and then reviewing records in camera to determine what, if any, should be disclosed to the defendant?

 

If defendants have a constitutional right to disclosure of privately-held privileged records, did the defendant establish a constitutional right to disclosure of the alleged victim’s privately-held privileged therapy records?  (See State v. Green, 2002 WI 68, 253 Wis. 2d 356, 646 N.W.2d 298, discussing State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993)).

 

11/14/2012

REVW

Modified, affirmed as modified, remanded

07/03/2013

2013 WI 59

2

Racine

Unpub.

2011AP2887

         Steve P. v. Maegan F.

 

The extent, if any, to which the standard announced in Barstad v. Frazier, 118 Wis. 2d 549, 348 N.W.2d 479 (1984) should apply to biological parents who have not exercised custody over the child.

 

Whether children possess a constitutional right to preserve an existing, sound parental or parent-like relationship, and if so, whether the removal of the child from the home of the prospective adoptive parents violated that constitutional right.

 

05/29/2013

REVW

1

Milwaukee

Unpub.

2011AP2888

         Village of Elm Grove v. Richard K. Brefka

 

Does a court have competence to hold a refusal hearing if the defendant does not meet the Wis. Stat. § 343.305 pre-condition of requesting a hearing within ten days?

 

11/14/2012

REVW

Affirmed

06/26/2013

2013 WI 54

2

Waukesha

Unpub.

2011AP2902

         Board of Regents - UW System v. Jeffrey S. Decker

 

Whether there is evidence in the record to show that a person engaged in “acts which harass or intimidate another person and which serve no legitimate purpose” to support a petition for injunctive relief under Wis. Stat. § 813.125(4)(a).  See Bachowski v. Salamone, 139 Wis. 2d 397, 408, 407, N.W.2d533 (1987).

 

06/14/2013

REVW

Oral Arg

10/15/2013

 

4

Dane

Unpub.

2011AP2905-CR

         State v. Darryl J. Badzinski

 

Did the trial court’s answer of “no” to a deliberating jury’s question whether the jurors had to agree on the room in which an assault occurred deprive a defendant of his right to a unanimous verdict of guilt beyond a reasonable doubt?

 

04/18/2013

REVW

Oral Arg

10/22/2013

 

1

Milwaukee

Unpub.

2011AP2916-CR

         State v. Andrew M. Edler

 

Should Wisconsin follow Maryland v. Shatzer, 559 ___ U.S. ___, 130 S. Ct. 1213 (2010), which held that the Edwards v. Arizona, 451 U.S. 477 (1981) prohibition against seeking a waiver of the Miranda v. Arizona, 384 U.S. 436 (1966) warnings and reinitiating police interrogation no longer applies when there has been a 14-day break in custody, or does the Wisconsin constitution provide a greater level of protection to individuals suspected of committing a crime?

 

When the defendant asked, in the squad car on the way to the second interrogation, “Can my attorney be present for this?”, did he unambiguously invoke his right to counsel?

 

If the statement set forth in the second issue is declared to be ambiguous, does it make a difference whether the ambiguous statement was made before or after Miranda warnings were given?

 

01/15/2013

CERT

Affirmed, remanded

07/12/2013

2013 WI 73

2

Sheboygan

--

2012AP99

         Outagamie County v. Melanie L.

 

Did the county fail to prove that an individual was incompetent to refuse medication and treatment for psychiatric disorders within the meaning of Wis. Stat. § 51.61 (1) (g) 4.b. where evidence tended to show that the individual recognized the need for medication and treatment for mental illness?

 

11/14/2012

REVW

Reversed

07/11/2013

2013 WI 67

3

Outagamie

Unpub.

2012AP183

        Randy L. Betz v. Diamond Jim’s Auto Sales

 

Is attorney consent required for settlement of fee-shifting claims?

 

Whether the language of the settlement agreement in this case, which was entered into by the parties without participation of either party’s counsel, was a valid, unambiguous, binding contract that released  the auto seller of any further obligation in connection with the auto buyer's claims, including responsibility for the auto buyer’s attorney’s fees.

 

Whether the settlement agreement in this case violates public policy and is therefore unenforceable.

 

05/10/2013

REVW

 

1

Milwaukee

11/29/2012

Pub.

2012 WI App 131

344 Wis. 2d 681

825 N.W.2d 508

 

2012AP336-CR

        State v. Bobby L. Tate

 

Whether obtaining a cell phone’s location constitutes a “search” within the meaning of the Fourth Amendment.

 

If so, what probable cause standard applies before police can obtain location information?

 

Whether statutory authorization is necessary before a court can permit a cell phone location search, and whether such statutory authorization exists.

 

06/12/2013

REVW

Oral Arg

10/03/2013

(in Sheboygan, Justice On Wheels)

1

Milwaukee

Unpub.

2012AP500

        Dane County v. Sheila W.

 

Does Wisconsin recognize the “mature minor doctrine,” a common law rule providing that a minor may consent or refuse consent to medical treatment upon a showing of maturity, intelligence and sufficient understanding of the medical condition and treatment alternatives?

 

Does Wisconsin recognize a mature adolescent’s due process right to refuse unwanted medical treatment?

 

Did the circuit court violate an adolescent’s common law and constitutional right to refuse medical treatment when it appointed a temporary guardian to consent to treatment over the adolescent’s objection?

 

Should the exceptions to the mootness doctrine be utilized to address the above issues?

 

01/15/2013

REVW

Affirmed

07/10/2013

2013 WI 63

4

Dane

Unpub.

2012AP665

         Manitowoc County v. Samuel J. H.

 

Whether Wis. Stat. § 51.35 (1) € mandates a hearing within ten days for all transferred patients, including those transferred for medical reasons, under § 51.35 (1) €1., or whether the mandate applies only to those patients transferred due to a violation of conditions of outpatient placement as set forth in § 51.35 (1) €2. – 5. (See Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88).

 

11/14/2012

CERT

Affirmed

07/11/2013

2013 WI 68

2

Manitowoc

--

2012AP805/

2012AP840

       Scott N. Waller, et al. v. American Transmission Company,

       LLC

 

How must a landowner raise a claim that a condemnor has taken too little property, leaving the landowner with an uneconomic remnant: in a valuation proceeding, in an inverse condemnation action, or in a right-to-take action?

 

Did the court correctly interpret and apply the uneconomic remnant statute, Wis. Stat. § 32.06 (3m)?

 

May a landowner recover litigation expenses for obtaining a judicial ruling that the property remaining after a taking is an uneconomic remnant?

 

Is a landowner who voluntarily moves from a property because of personal preferences nonetheless “displaced,” entitling the landowner to relocation benefits under Wis. Stat. § 32.19?

 

01/14/2013

BYPA

Affirmed

07/16/2013

2013 WI 77

2

Walworth

--

2012AP829

      Ronald E. Belding, Jr. v. Deeanna L. Demoulin

 

May Wis. Stat. § 632.32 (5) (e) be used to prohibit an insurance provision expressly authorized by another subsection of Wis. Stat. § 632.32 (5)?

 

May a statute, unambiguous on its face, be rewritten by the court based upon a perceived conflict with another statute?

 

Should Wis. Stat. § 632.32 (6) (d) be construed to prohibit the “drive other car” exclusion expressly authorized by Wis. Stat. § 632.32 (5) (j)?

 

05/13/2013

REVW

Oral Arg

10/23/2013

2

Kenosha

02/26/2013

Pub.

2013 WI App 26

346 Wis. 2d 160

828 N.W.2d 890

2012AP858

      Vicki L. Blasing v. Zurich American Ins. Co., et al.

 

Does the omnibus statute, Wis. Stat. § 632.32(3)(a), require that a liability insurer defend and indemnify a tortfeasor where the alleged negligence caused injury to the named insured person?

 

06/13/2013

REVW

Oral Arg

10/15/2013

4

Jefferson

02/26/2013

Pub.

 2013 WI App 27

346 Wis. 2d 30

827 N.W.2d 909

2012AP918

 (consolidated with

  2011AP2424-CR,

  State v. Pinno)

      State v. Travis J. Seaton

 

Whether the failure to object at trial to a Sixth Amendment public-trial violation should be analyzed on appeal as a “forfeiture” or a “waiver” of the issue.

 

02/25/2013

CERT

Oral Arg

09/04/2013

2

Fond du Lac

--

2012AP958

     Milwaukee County v. Mary F.-R.

 

Under State v. Bush, 2005 WI 103, 283 Wis. 2d 90, 699 N.W.2d 80, is a facial challenge to the constitutionality of a statute forfeited where the issue was presented to the circuit court but not as a constitutional challenge, and further where the constitutional argument does not challenge the entire statutory chapter?

 

Does Wis. Stat. § 51.20 (11), which provides a jury of six people and requires a five-sixths verdict for persons subject to involuntary commitment, violate equal protection, given that Chapter 980 provides persons subject to involuntary commitment a jury of twelve and requires a unanimous verdict?

 

02/12/2013

REVW

Oral Arg

09/03/2013

1

Milwaukee

Unpub.

2012AP1426

    State v. Brandon H. Bentdahl

 

Does State v. Brooks, 113 Wis. 2d 347, 335 N.W.2d 354 (1983) (a trial court has discretion to dismiss a refusal charge after a defendant pleads guilty to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI)) apply when a defendant goes to trial on an OWI charge?

 

Does Brooks apply under current law to allow trial courts to dismiss refusal charges under their discretionary authority?

 

06/13/2013

REVW

Oral Arg

10/15/2013

4

Columbia

Unpub.

2012AP2067

    Madison Teachers, Inc. v. Scott Walker

 

Whether the following provisions of 2011 Wis. Act 10 are unconstitutional:

 

The provision prohibiting collective bargaining between municipal employers and the certified representatives for municipal general employee bargaining units on all subjects except base wages.  Wis. Stat. § 111.70(4)(mb)1.

 

The provisions limiting negotiated base wage increases to the increase in the Consumer Price Index, unless a higher increase is approved by voter referendum.  Wis. Stat. §§ 111.70(4)(mb)2., 66.0506, and 118.245.

 

The provisions prohibiting “fair share” agreements that previously required all represented employees to pay a proportionate share of the costs of collective bargaining and contract administration.  Wis. Stat. § 111.70(1)(f) and the third sentence of Wis. Stat. § 111.70(2).

 

The provision prohibiting municipal employers from deducting union dues from the wages of municipal employees.  Wis. Stat. § 111.70(3g).

 

The provision requiring annual recertification elections of the representatives of all bargaining units, requiring 51% of the votes of the bargaining unit members (regardless of the number of members who vote), and requiring the commission to assess costs of such elections.  Wis. Stat. § 111.70(4)(d)3.

 

06/14/2013

CERT

 

4

Dane

--