Friday, May 17, 2013

Wisconsin Supreme Court accepts three new cases

The Wisconsin Court System announced the three recently accepted cases are:

Sausen v. Town of Black Creek Bd. of Review (2010AP3015) review on "whether an assessment review board's classification of property is entitled to a presumption of correctness in the same way as the determination of the fair market value of the property" and "whether the classification of the land at issue as 'productive forest land' was correct—either with or without the presumption."

Associated Bank N.A. v. Collier (2011AP2597) review [Court of Appeals opinion] on "whether a creditor's right to obtain a common law creditor's/receiver's lien against a judgment debtor's personal property is conditioned upon docketing the judgment in the judgment and lien docket under Wis. Stat. § 806.10(1); and - whether a judgment creditor is entitled to relief, in the form of a declaration that its judgment is effectively docketed in the judgment and lien docket, when the clerk accepts the docketing fee but fails to perform the ministerial duty of actually recording the judgment in the docket."

State v. Badzinski (2011AP2905-CR) review [Court of Appeals opinion] on "whether a defendant in a child sexual assault case was deprived of his right to a unanimous verdict of guilt beyond a reasonable doubt. The question arose when the trial court answered 'no' to the deliberating jury's question whether jurors had to agree on the room in which a sexual assault allegedly occurred."

Among the cases not accepted are:
State v. Dukic (2011AP441) Chief Justice Shirley S. Abrahamson and Justice Ann Walsh Bradley dissent;
State v. Dehne (2011AP981-CR) Chief Justice Shirley S. Abrahamson dissents;
State v. Warrior (2011AP2052-CR) Chief Justice Shirley S. Abrahamson dissents;
State v. Harris (2011AP2898-CR) Chief Justice Shirley S. Abrahamson dissents; and
State v. Vaughn (2012AP94-CR) Chief Justice Shirley S. Abrahamson dissents.