Wisconsin Supreme Court accepts two new cases, denies review of several others

By: WISCONSIN LAW JOURNAL STAFF//May 16, 2023//

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The Wisconsin Supreme Court voted Tuesday to accept two new cases, and the Court acted to deny review in a number of other cases, Court officials said in a written statement.

The case numbers, counties of origin and the issues presented in granted cases are listed below. 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 pending Supreme Court cases can be found here.

Catholic Charities Bureau, Inc. v. LIRC

Supreme Court case type: Petition for Review

Court of Appeals: District III

Circuit Court: Douglas County, Judge Kelly J. Thimm, reversed

Long caption: Catholic Charities Bureau, Inc., Barron County Developmental Services, Inc., Diversified Services, Ins., Black River Industries, Inc., and Headwaters, Inc., Petitioners-Respondents-Petitioners v. State of Wisconsin Labor and Industry Review Commission, Respondent-Co-Appellant, State of Wisconsin Department of Workforce Development, Respondent-Appellant

Issues presented:

1. Whether Wisconsin’s unemployment insurance law, which exempts “an organization operated primarily for religious purposes,” exempts Petitioners.

2. Whether the court of appeals’ interpretation of the religious exemption to Wisconsin’s unemployment insurance law violates the First Amendment to the United States Constitution and Article I, Section 18 of the Wisconsin Constitution.

2021AP311 State v. McBride

Supreme Court case type: Petition for Review

Court of Appeals: District I

Circuit Court: Milwaukee County, Judge Jonathan D. Watts, reversed and cause remanded with directions

Long caption: State of Wisconsin, Plaintiff-Respondent-Petitioner v. Donte Quintell McBride, Defendant-Appellant

Issues presented:

1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review?

2. Was the seizure and subsequent search of McBride constitutional where Officer Rivera observed two people sitting in an unilluminated SUV, which appeared to obstruct traffic, late at night in a high crime area when McBride made furtive movements in response to Officer Rivera’s spotlight?

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:

Barron County

2021AP717-CR State v. Goss

Brown County

2021AP240 Town of Ledgeview v. Livestock Facility Siting Review Board

2021AP1305-CR State v. Outlaw

Dane County

2022AP536 Stelling v. Middlesex Ins. Co. (Justice Rebecca Grassl Bradley dissents)

Douglas County

2021AP966-CR State v. Robinson

2021AP1468-CR State v. Ridley

Dunn County

2020AP1840-CR State v. Lopez

Calumet County

2022AP1563-FT Calumet County DH&HS v. T.M.S.

Florence County

2021AP593-CR State v. DeGroot

Grant County

2022AP1422 State v. Love

Green Lake County

2021AP1316-CR State v. Young

Iron County

2022AP184-CR State v. Lussier

Jefferson County

2022AP192-CR State v. Lillge

Lafayette County

2021AP1200 Stahlnecker v. Vieth

Marathon County

2019AP1689-W Mitchell v. Meisner

2021AP1619 Rader v. Pine Ridge Trails Comm. Srvs. Inc.

Milwaukee County

2020AP803 State v. Tucker (Justice Patience Drake Roggensack did not participate)

2021AP18-CR State v. Simpson

2021AP734 State v. Lewis

2021AP789-CR State v. Harris

2021AP1453-CR State v. Bethly

2021AP1583-CR State v. Black

2022AP273-CR State v. Brown

2022AP680-CR State v. Woods

2022AP855 State v. M.N., Jr.

2022AP906

2022AP966 State v. C.B.

State v. N.M.M.

(Justice Patience Drake Roggensack did not participate)

2022AP1882 State v. E.B. (Justice Patience Drake Roggensack did not participate)

2023AP103-W Wilder v. Fuchs (WHC)

2023AP506-W Griffin v. Woodall-Vogg (WMA)

2023AP548-W Carr v. Fuchs (WHC)

Outagamie County

2020AP779-CRNM State v. Kupsky

2021AP432-CR State v. Al Bawi

Portage County

2021AP1170-CR State v. Hoffmann

Racine County

2022AP2073-W Huiras v. Circuit Court for Racine County

Rock County

2021AP1107 State v. Warren

2022AP1585-FT Rock County v. H.V.

2023AP257-W Dumas v. Fell (WHC)

Rusk County

2022AP1530 Rusk County DH&HS v. R.S.

Sheboygan County

2021AP1347-CR State v. Tuchel

St. Croix County

2021AP1618-CR State v. Peabody

Vernon County

2022AP1680-W Anderson v. Cromwell

Washington County

2021AP258 State v. Bartelt

Waukesha County

2022AP412 Mertens v. Hughes (Justice Brian Hagedorn did not participate)

Winnebago County

2021AP2204-CR State v. Zoellick

2022AP1438-CR State v. Monson

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