Wisconsin Supreme Court accepts two cases, denies several others

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From the Wisconsin Supreme Court

The Wisconsin Supreme Court announced Monday it recently voted to accept two cases, and deny review in a number of other cases.

The case numbers, counties of origin and the issues presented in granted cases are listed below.

I. 2023AP2020-OA Governor Evers v. Senator Marklein
[Justice Rebecca Grassl Bradley dissents, joined by Chief Justice Annette Kingsland Ziegler; Justice Brian Hagedorn dissents, joined by Chief Justice Annette Kingsland Ziegler]

Supreme Court case type: Original Action

Long caption: Tony Evers, Governor Of Wisconsin, Department Of Natural Resources, Board of Regents of the University Of Wisconsin System, Department of Safety and Professional Services, and Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board, Petitioners v. Senator Howard Marklein, and Representative Mark Born, in their official capacities as chairs of the Joint Committee on Finance; Senator Chris Kapenga and Representative Robin Vos, in their official capacities as chairs of the Joint Committee on Employment Relations; and Senator Steve Nass and Representative Adam Neylon, in their official capacities as Co-Chairs of the Joint Committee For Review of Administrative Rules, Respondents, Wisconsin Legislature, Intervenor-Respondent.

Issue granted: Wisconsin Stat. § 23.0917 charges [the Department of Natural Resources (DNR)] with administering the Knowles-Nelson Stewardship Program, through which DNR awards already-appropriated funds to expand public access to the State’s natural resources. Courts have universally recognized that spending appropriated funds is an executive power and that legislative committees cannot block the executive’s exercise of that power. Wisconsin Stat. § 23.0917(6m) and (8)(g)3. authorize the Joint Committee on Finance, a 16-member legislative committee, to veto DNR’s choices. Do those veto provisions facially violate the separation of powers?

II. 2022AP1349 Becker v. Wis. Dept. of Revenue
Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: La Crosse County, Judge Todd W. Bjerke, reversed and cause remanded with directions.
Long caption:
William Becker, Petitioner-Respondent-Petitioner v. Wisconsin Department of Revenue, Respondent-Appellant.

Issue(s) presented: Are semitrailers “truck bodies” within the meaning of Wis. Stat. § 77.54(5)(a)4. if designed to be pulled by trucks rather than truck tractors?

Review denied:

The Wisconsin 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:

Brown County
2021AP1845-CR 2021AP1846-CR
State v. Pristelski
2022AP409-CR
State v. Stowe
2022AP1120
J&J Enterprises of De Pere, LLP v. Cincinnati Insurance Company

Dane County
2021AP1289
Li v. Haus
2022AP345-CR
State v. Abeyta
2022AP812-CR
State v. Foote
2022AP1751
Pozner v. Fetzer

Dodge County
2023AP152-W 2023AP153-W 2023AP194-W 2023AP195-W
Walker v. Circuit Court for Dodge County

Dunn County
2021AP1581-CR
State v. Seehaver

Fond du Lac County
2023AP1154-LV
Conant v. Mathos-Noe [Justice Janet C. Protasiewicz did not participate]
2023AP1226
Noe v. Mathos-Noe [Justice Janet C. Protasiewicz did not participate]

Forest County
2021AP2020-CR
State v. Bear

Grant County
2022AP2012-CR
State v. Straight

Jefferson County
2023AP1404
Jefferson County DHS v. C.T.S.

Kenosha County
2022AP1625-CRNM
State v. Delgado-Cintron

Marathon County
2023AP1678-W
Mitchell v. Eplett [Writ of Habeas Corpus]

Marinette County
2022AP1395
Marinette County v. A.M.N.

Milwaukee County
2020AP1554
Fisher v. Sulieman
2021AP183-CR
State v. Banister
2021AP1591
Braketown USA, Inc. v. Markel Ins. Co. [Justice Rebecca Grassl Bradley dissents]
2021AP1657
State v. Starks
2021AP2166-CR
State v. McKay
2022AP103-CR
State v. Stewart
2022AP395
State v. James [Justice Rebecca Frank Dallet did not participate]
2022AP476-CR
State v. Dancel
2022AP653-CR
State v. Woodland
2022AP953
State v. Leiser
2022AP1202-CR 2022AP1203-CR 2022AP1204-CR
State v. Singh
2022AP2052-CR
State v. Carr
2022AP788
State v. Engine & Transmission World, LLC [Justices Rebecca Grassl Bradley and Rebecca Frank Dallet dissent]
2023AP139-CR
State v. Velez
2023AP1510
State v. M.E.E.
2023AP1613-W
Viveros v. Gierach [Writ of Habeas Corpus]
2023AP1929-W
Johnson v. Cromwell [Writ of Habeas Corpus]
2023AP1950
State v. H.C. [Petition for Bypass]

Monroe County
2022AP516-CR
State v. Smith

Oconto County
2022AP729
Oconto Falls Tissue, Inc. v. ST Paper, LLC

Outagamie County
2021AP1978-CR
State v. Lor
2023AP604
Schuh v. [Party Sealed]

Portage County
2023AP86-CR
State v. Gollon
Price County
2023AP18-FT
Price County v. C.W.

Racine County
2022AP337
State v. Brim

Rock County
2023AP1081
D.T.S. v. B.E.C.

St. Croix County
2021AP1563
ABase Storage LLC v. Michaud
2022AP110
State v. Shaughnessy

Taylor County
2021AP2076
Noziska v. Zimmerman

Walworth County
2022AP359
Kusko v. Muzaffar [Justices Rebecca Grassl Bradley and Brian Hagedorn dissent]

Waukesha County
2021AP2001-CR
State v. Brott
2022AP1041
Thompson v. Frede
2023AP838
State v. Williams

Winnebago County
2021AP892-CR
State v. Fleming
2021AP2131
Mueller v. Maslowski
2022AP2195-CR
State v. Hietpas
2023AP200
Winnebago County v. J.L.C.
Wi