Wisconsin high court accepts three new cases, denies over 50

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Wisconsin’s Supreme Court announced Tuesday it had accepted three new cases for review, while denying more 50 cases. The accepted cases come from circuit court decisions in Milwaukee, Trempealeau and Langlade counties.

From Court of Appeals District I, the high court will hear State v. Mitchell D. Green to decide whether the Milwaukee County Circuit Court erroneously exercised its discretion when it declared a need for mistrial after a witness had testified to committing crime but was unrepresented by counsel. Judge David Borowski presided over the circuit hearing, and the court of appeals reversed and remanded the ruling.

From Court of Appeals District III, the Supreme Court will review Nancy Kindschy v. Brian Aish, ruling on three issues. The first is whether the court of appeals was right, based on its interpretation of Wis. Stat. §813.125, to prohibit speech on abortion in which the speaker, from a public sidewalk, sought to persuade listeners “to cease their sinful conduct and repent immediately before something bad happens and they no longer have time to repent.”  The question was over whether the speech violated the First Amendment of the U.S. Constitution and Art. I, §3 of the Wisconsin Constitution. The second issue is whether the speech served “no legitimate purpose” within the meaning of Wis. Stat. §813.125. And the third issue is over whether prohibiting a longtime pro-life and anti-Planned Parenthood protestor from protecting on a public sidewalk in front of a Planned Parenthood office for four years amounts to an unconstitutional restraint on First Amendment protected expression. Judge Rian Radtke of Trempealeau County Circuit Court ruled on the initial case, and the court of appeals affirmed his ruling.

Another case from the Court of Appeals District III, State v. Fermanich asks the high court to review three issues concerning sentencing credit and a re-examination of State v. Tuescher in relation to its definition of “course of conduct.” Judge John Rhode of Langlade County presided over the circuit court case. The court of appeals reversed and remanded that ruling.