ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of a published decision of the court of appeals, DOJ v. DWD, 2015 WI App 22, 361 Wis.2d 196, 861 N.W.2d 789 , which affirmed the decision of the Dane County circuit court, 1 which reversed the decision of the Equal Rights Division of the Department of Workforce Development ("DWD"). The Equal Rights Division of the DWD concluded that Joell Schigur ("Schigur") had proven by a preponderance of the evidence that the Department of Justice (...
PER CURIAM . 1 The court is equally divided on whether to affirm or reverse the judgment of the circuit court for St. Croix County. This case was argued before the full court; however, Justice N. Patrick Crooks passed away prior to the court's decision. Justice Rebecca G. Bradley was appointed to the court after the court's decision, and therefore did not participate. Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm. Chief Justice Patience...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of an unpublished decision of the court of appeals, State v. Iverson , No. 2014AP515-FT, unpublished slip op., 2014 WL 5028203 (Wis.Ct.App. Oct. 9, 2014), which affirmed the order of the La Crosse County circuit court 1 granting defendant Daniel S. Iverson's ("Iverson") motion to suppress evidence of drunk driving obtained by an officer of the state traffic patrol during a traffic stop of Iverson's vehicle. 2 Iverson asserts that the...
MICHAEL J. GABLEMAN , J. 1 These cases arise from a John Doe proceeding originally initiated in Milwaukee County, and subsequently expanded to four additional counties, Iowa County, Dodge County, Dane County, and Columbia County. Though not consolidated, these proceedings have been overseen by a single John Doe judge and organized by a single special prosecutor (Francis Schmitz). For the sake of clarity, we will refer to all five proceedings as a single "John Doe investigation." The...
DAVID T. PROSSER , J. 1 This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. 809.61 (2011-12). 1 The court of appeals certified the case asking this court to clarify precedent related to erroneous jury instructions in criminal trials. 2 Maltese Lavele Williams (Williams) and two accomplices attempted to rob Michael Parker (Parker) in Parker's home on the evening of January 14, 2013. During the robbery, Parker and a houseguest, Authur...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of an unpublished decision of the court of appeals, 1 which reversed the Milwaukee County Circuit Court's 2 judgment of conviction and order denying Hatem Shata's ("Shata") post-conviction motion to withdraw his guilty plea to one count of possession with intent to deliver marijuana, as party to a crime. 2 Shata argues that the circuit court erred by denying his motion to withdraw his guilty plea. He argues that he should be allowed...
PER CURIAM . 1 Attorney David J. Winkel appeals the report of Reserve Judge Robert E. Kinney, referee, recommending discipline of a four-month license suspension and the imposition of costs. The referee found that Attorney Winkel committed all of the five charged counts of misconduct that were tried at a hearing before the referee. The ethical violations which the referee determined Attorney Winkel committed include incompetent representation, lack of diligence, failure to properly...
SHIRLEY S. ABRAHAMSON , Chief Justice . 1 This is a review of a published decision of the court of appeals affirming a judgment and order of the Circuit Court for Juneau County, John P. Roemer, Judge. 1 2 This case arises from the collision of a passenger automobile driven by Ronald J. Dakter, the plaintiff, 2 and a 65-foot semi-trailer truck operated by Dale Cavallino, the defendant. 3 After a 10-day trial, the jury found the defendant 65 percent causally negligent and the...
PATIENCE DRAKE ROGGENSACK , C.J. 1 This sentence credit case arises from Andrew M. Obriecht's convictions of seven misdemeanors and one felony, wherein we review a decision of the court of appeals 1 that affirmed the circuit court's 2 denial of Obriecht's motion for sentence credit. 3 The circuit court agreed that Obriecht was due sentence credit, but the court refused to apply the credit to his incarceration, and instead, applied the credit to Obriecht's parole following...
SHIRLEY S. ABRAHAMSON , J. 1 This is a review of a published decision of the court of appeals. 1 The sole question presented is whether Ash Park, LLC (the seller of a parcel of vacant land) is liable to pay a broker's commission to Re/Max Select, LLC (the broker for the land). 2 The one-party listing contract between Ash Park and Re/Max provides in relevant part that Ash Park shall pay a broker's commission to Re/Max if Ash Park enters into an "enforceable contract" for the sale of...
N. PATRICK CROOKS , J. 1 This is a double-murder case that centers on the evidence presented on the question of the defendant's mental responsibility. The circuit court 1 found the defendant responsible. The court of appeals, in a split decision, 2 granted the defendant a new trial under its discretionary authority to reverse convictions in cases where "it appears from the record that ... it is probable that justice has for any reason miscarried[.]" 3 We now reverse the grant of a new...
DAVID T. PROSSER , J. 1 This is a review of an unpublished opinion and order of the court of appeals, 1 which summarily reversed a grant of summary judgment in favor of Exxon Mobil Corp. et al., by the Eau Claire County Circuit Court, Lisa K. Stark, Judge. 2 The case involves the viability of certain wrongful death and survival claims. It is part of a larger tort suit filed in 2006 by former employees and the estates and beneficiaries of former employees at an Eau Claire tire...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of a published decision of the court of appeals, 1 which reversed the circuit court's 2 order dismissing the mandamus action and granting summary judgment to the City of Racine Board of Police and Fire Commissioners ("the Commission"). 2 The Journal Times of Racine and its editor, Steve Lovejoy (collectively, "the Newspaper"), commenced this mandamus action under Wis. Stat. 19.37(1)(a) (2011-12) 3 of Wisconsin's public records...
DAVID T. PROSSER , J. 1 This is a review of a published decision of the court of appeals, affirming a judgment of conviction in the Brown County Circuit Court, Mark A. Warpinski, Judge. 1 The case presents questions related to the right to counsel for defendants who have been charged with a crime. 2 Jesse J. Delebreau (Delebreau) was convicted of one count of delivering heroin (less than three grams), second or subsequent offense, as a repeater and as party to a crime. 2 The circuit...
DAVID T. PROSSER , J. 1 This is a review of a published decision of the court of appeals, 1 which affirmed a judgment convicting Raheem D. Moore (Moore) of second-degree reckless homicide as party to a crime. 2 Moore pled guilty to the charge after the Milwaukee County Circuit Court denied his motion to suppress certain statements he made during police questioning. 3 2 This case presents issues related to our decision in State v. Jerrell C.J., 2005 WI 105, 283 Wis.2d 145 , 699...
N. PATRICK CROOKS , J. 1 Andre Chamblis (Chamblis) pleaded guilty to operating with a prohibited alcohol concentration (PAC) as a sixth offense in violation of Wis. Stat. 346.63(1)(b) (2011-12). 1 Prior to accepting the plea, the circuit court 2 informed Chamblis that the offense constituted a Class H felony which carried a minimum penalty of 6 months imprisonment and a $600 fine and a maximum penalty of 6 years imprisonment (three years confinement and three years extended...
ANN WALSH BRADLEY , J. 1 Oneida Seven Generations Corporation sought a conditional use permit to install a renewable energy facility in the City of Green Bay (the City). 1 Although the City initially voted to grant the permit, it subsequently voted to rescind the conditional use permit on the basis that it was obtained through misrepresentation. The court of appeals determined that the City's decision that the permit was obtained through misrepresentation was not supported by...
ON CERTIFICATION FROM THE COURT OF APPEALS DAVID T. PROSSER , J. 1 This case is before the court on certification by the court of appeals pursuant to Wis. Stat. (Rule) 809.61 (2011-12). 1 It requires us to examine the enforceability of a restrictive covenant signed by an existing at-will employee. 2 David Friedlen (Friedlen) had worked for Runzheimer International, Ltd. (Runzheimer) for more than fifteen years when Runzheimer required all of its employees, including Friedlen,...
N. PATRICK CROOKS , J. 1 This wage claim case began when a union-initiated complaint was filed with the Department of Workforce Development on behalf of Thomas Kieckhefer and similarly situated production and maintenance employees at Husco International, Inc. The complaint alleged Husco owed the employees wages for 20-minute meal breaks. Such breaks had been unpaid; the union had previously agreed to that in every collective bargaining agreement (CBA) negotiated since 1983 at the...
MICHAEL J. GABLEMAN , J. 1 We review an unpublished per curiam decision of the court of appeals 1 reversing in part two decisions of the Marinette County circuit court. 2 In an amended criminal complaint ("amended complaint") filed on July 29, 2011, the Marinette County District Attorney's Office charged Joel M. Hurley ("Hurley") with one count of engaging in repeated acts of sexual assault of the same child under Wis. Stat 948.025(1). 3 The amended complaint detailed how Hurley...
