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New Supreme Court Cases

By: dmc-admin//August 11, 2008//

New Supreme Court Cases

By: dmc-admin//August 11, 2008//

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The Wisconsin Supreme Court has voted to accept six 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.

2007AP1289-CR State v. Baron

The petition in this case asks the Supreme Court to review if Wisconsin’s identity theft statute, Wis. Stat. § 943.201, violates petitioner Christopher D. Baron’s First Amendment right to defame a public official by criminalizing Baron’s unauthorized use of a public official’s personal identifying information to send email messages intended to defame that public official? From Jefferson County.

2006AP3003 Amer. Family v. Golke

This certification from the District IV Court of Appeals asks the Supreme Court to review two questions resulting from litigation after a house fire: Under what circumstances may evidence crucial to a potential legal claim be destroyed; and what notice must be given to a civil litigant before the evidence is destroyed? From Waupaca County.

2007AP400-CR State v. Tody

The petition in this case raises several questions for review by the Supreme Court. Among them: Was the defendant deprived of his right to a fair and impartial jury where the judge denied the defendant’s motion to strike the judge’s mother as a juror and where the judge commented during voir dire that he considered himself “part of law enforcement;” should the trial judge have recused himself from deciding the defendant’s motion to strike the judge’s mother as a juror; and should the Supreme Court exercise its superintending authority to prohibit judges’ immediate family members from serving on juries? Justice Louis B. Butler Jr. did not participate. From Ashland County.

2007AP1042-CR State v. Payano

The state seeks review of a decision reversing the conviction of Tony Payano on one count of second-degree reckless injury while using a dangerous weapon, and two counts of second-degree reckless endangering safety while using a dangerous weapon. The petition lists the following questions for review: Under State v. Sullivan, 216 Wis.2d 768, 576 N.W.2d 30 (1998), is “other acts” evidence admissible to provide context and rebut a self-defense claim, when the evidence was relevant to explain what the police were doing at Payano’s residence and what Payano knew at the time; and under Sullivan’s independent review doctrine, did the Court of Appeals independently search the record for other bases to sustain the circuit court’s discretionary decision to admit the evidence? From Milwaukee County.

2007AP983 Heritage Farms v. Markel Ins.

The petition, which resulted from litigation after a forest fire, lists two issues for review: Does Wis. Stat. § 26.21(1) apply to all tortfeasors or only to “railroad corporations?” and does Wis. Stat. § 26.21(1) apply to all negligence or only to “gross negligence?” From Waushara County.

2007AP2095-CR State v. Ferguson

In this case, the state asks the Supreme Court to review a Court of Appeals’ decision reversing a circuit court conviction of Kelly Ferguson for obstructing an officer and remanding the matter to the circuit court for a new trial.

The state’s petition lists three issues for review: Is Supreme Court review warranted because the Court of Appeals decision directly conflicts with this court’s holding in State v. Hughes, 2000 WI 24, ¶24, 233 Wis. 2d 280, 607 N.W.2d 621, and other cases that the constitutionality of Fer-guson’s arrest is a question of law, and because the record demonstrates that the arrest was constitutional as a matter of law; is supreme court review warranted because the Court of Appeals decision directly conflicts with State v. Annina, 2006 WI App 202, 296 Wis. 2d 599, 723 N.W.2d 708; and is Supreme Court review warranted because the Court of Appeals’ decision directly conflicts with State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998)? From Marathon County.

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