Wisconsin appellate court week August 3rd-7th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

August 4th (corrected date) "A Virtual Conversation with Betsy DeVos", with Hon. Betsy DeVos - Secretary, Department of Education, Robert Eitel - Senior Counselor to the Secretary, U.S. Department of Education, and Candice Jackson - Deputy Chief of Staff for Policy & Deputy General Counsel, U.S. Department of Education, presented by Madison Lawyers Chapter (details and registration)

August 6th (new date) "Corpus Linguistics in Legal Interpretation" with Donald A. Daugherty Jr., Wisconsin Institute for Law & Liberty, Stephen Mouritsen, Parr Brown Gee & Loveles, and Dr. James C. Phillips, Fowler School of Law, Chapman University, Litigation Practice Group Teleforum

August 18th "Recent Trends in the Roberts Court", Don Daugherty, Senior Counsel, Wisconsin Institute for Law & Liberty, presented by Milwaukee Lawyers Chapter (details and registration)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

February 26-27 National Student Symposium, University of Pennsylvania Carey Law School (save the dates)

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Supplement to last week

July 24, 2020 Agenda and Budget committee agenda, and August 20, 2020 Agenda, Wisconsin Judicial Council

Expanded Court of Appeals' eFiling pilot project begins Aug. 3, Wisconsin Court System

The 2019-20 Term: Some More Impressions, by Alan Ball, Marquette University, SCOWstats

Court upholds ruling against former Dassey attorney, by Scott Bauer, Associated Press, Wisconsin Law Journal, on State v. Kachinsky, 2020AP118-CR

Court of Appeals Opinion Publication Order - July 2020, 2020 WI App 42-46, Wisconsin Court System

Garage within statuory prohibition of entry of "dwelling" to repossess collateral, Duncan v. Asset Recovery Specialists Inc., 2019AP1365 [Recommended for Publication]

Oneida tribe wins closely watched Wisconsin legal fight, by Scott Bauer, Associated Press, Wisconsin Law Journal, on Oneida Nation v. Hobart, No. 19-1981 (7th Cir. 2020)

Wisconsin Supreme Court Accepts New Cases, Wisconsin Civil Justice Council

- Supreme Court Digest, and
- Court of Appeals Digest,
by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, Wisconsin Lawyer, August 2020

- Leading in Unprecedented Times, by Ed Finkel, profile of State Bar of Wisconsin president Kathleen A. Brost
- Racial Equity: It's Time to Step Up, Your State Bar column by Larry J. Martin, executive director, State Bar of Wisconsin
Wisconsin Lawyer, August 2020

A Wisconsin Supreme Court justice was sworn in after she ran 35 miles. Then she started running another 65. Patrick Marley, Milwaukee Journal Sentinel

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• September 8th, 11th, 14th, and 29th (Oral Argument Schedule)

Next conferences on pending petitions for review:

• August 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has no oral argument scheduled.

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U.S. Supreme Court Calendars and Lists, Argument Calendar:

Calendar for October Term 2020
Argument for
- October 2020 (Oct. 5th-14th)
Latest slip opinions (2019 Term)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week July 27th-31st 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

July 29th "The Constitutionality of Pandemic Executive Orders", Misha Tseytlin, Partner, Troutman Sanders LLP & Former Wisconsin Solicitor General, and Ryan Walsh, Partner, Eimer Stahl LLP & Former Chief Deputy Solicitor General of Wisconsin, presented by Chicago Lawyers Chapter (details and registration)

August 4th (corrected date) "A Virtual Conversation with Betsy DeVos", with Hon. Betsy DeVos - Secretary, Department of Education, Robert Eitel - Senior Counselor to the Secretary, U.S. Department of Education, and Candice Jackson - Deputy Chief of Staff for Policy & Deputy General Counsel, U.S. Department of Education, presented by Madison Lawyers Chapter (details and registration)

August 18th "Recent Trends in the Roberts Court", Don Daugherty, Senior Counsel, Wisconsin Institute for Law & Liberty, presented by Milwaukee Lawyers Chapter (details and registration)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

February 26-27 National Student Symposium, University of Pennsylvania Carey Law School (save the dates)

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Supplement to last week

Supreme Court: DHS Exceeded Authority with Medicaid Recoupment Policy, by Joe Forward, WisBar News, on Professional Homecare Providers Inc. v. Wisconsin Department of Health Services, 2020 WI 66

COA gives lengthy gloss on Mitchell v. Wisconsin, affirms conviction, Wisconsin State Public Defender, on State v. Richards, 2017AP43 (recommended for publication)

The Cases Still Before the Wisconsin Supreme Court, Part I, Great Lakes Legal Foundation

The Supreme Court’s 2019-20 Term: Some Initial Impressions, by Alan Ball, Marquette University, SCOWstats

The Cases Still Before the Wisconsin Supreme Court, Part II, Great Lakes Legal Foundation

Wisconsin Supreme Court Statistics, 2019-20, by Alan Ball, Marquette University, SCOWstats

Supreme Court Decision Halts Local Transit Projects, by Debra Fitzgerald, Door County Pulse, on Wisconsin Small Business United Inc. v. Brennan, 2020 WI 69

Rotunda Report Live: Government Relations, video, State Bar of Wisconsin

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• September 8th, 11th, 14th, and 29th (Oral Argument Schedule)

Next conferences on pending petitions for review:

• August 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has no oral argument scheduled.

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U.S. Supreme Court Calendars and Lists, Argument Calendar:

Calendar for October Term 2020
Argument for
- October 2020 (Oct. 5th-14th)
Latest slip opinions (2019 Term)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week July 20th-24th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

July 29th "The Constitutionality of Pandemic Executive Orders", Misha Tseytlin, Partner, Troutman Sanders LLP & Former Wisconsin Solicitor General, and Ryan Walsh, Partner, Eimer Stahl LLP & Former Chief Deputy Solicitor General of Wisconsin, presented by Chicago Lawyers Chapter (details and registration)

August 18th "Recent Trends in the Roberts Court", Don Daugherty, Senior Counsel, Wisconsin Institute for Law & Liberty, presented by Milwaukee Lawyers Chapter (details and registration)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

February 26-27 National Student Symposium, University of Pennsylvania Carey Law School (save the dates)

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Supplement to last week

No harm where the defendant’s lawyer was also the judge who bound him over for trial, Wisconsin State Public Defender, on State v. Henyard, 2019AP548-CR (recommended for publication)

Defense win in unusual self-defense homicide case, Wisconsin State Public Defender, on State v. Johnson, 2018AP2318-CR (recommended for publication)

SCOW: expert testimony needn’t meet Daubert if it’s not "opinion," Miranda violation was harmless, Wisconsin State Public Defender, on State v. Dobbs, 2020 WI 64

Fractured SCOW okays restitution order on top of civil settlement, Wisconsin State Public Defender, on State v. Muth, 2020 WI 65

Federal District Court Dismisses Lawsuit Challenging Mandatory Bar, WisBar News, on File v. Kastner, No. 19-C-1063 (E.D. Wis.)

Civil Rights, Constitutional Law, Criminal Law, Justia Opinion Summary, on Brown v. Polk County, No. 19-2698 (7th Cir. 2020)

Divided Wisconsin Supreme Court Rules on Governor’s Partial Vetoes, by Joe Forward, WisBar News, on Bartlett v. Evers, 2020 WI 68

Labor & Employment Law, Justia Opinion Summary, on McCann v. Badger Mining Corp., No. 19-2420 (7th Cir. 2020)

Final Orders 19-06 through 19-12: Amending Supreme Court Rules Pertaining to Attorney Disciplinary Proceedings, Inside Track, State Bar of Wisconsin, on 2020 WI 62

Civil Rights, Constitutional Law, Criminal Law, Justia Opinion Summary, on Pulera v. Sarzan, No. 19-2291 (7th Cir. 2020)

Executive Committee Takes Up Keller Dues Evaluation Aug. 21 for Fiscal Year, Inside Track, State Bar of Wisconsin

Supreme Court: Challenge to Former Gov. Walker's Budget Bill Vetoes Barred, by Joe Forward, WisBar News, on Wisconsin Small Business United Inc. v. Brennan, 2020 WI 69

Candidates, groups spent record $10M on Wisconsin court race, by Associated Press, Wisconsin Law Journal

Labor & Employment Law, Justia Opinion Summary, on McCray v. Wilkie, No. 19-3145 (7th Cir. 2020)

Appeals court won’t reinstate Democrats’ lame-duck challenge, by Associated Press, Wisconsin Law Journal, on Democratic Party of Wisconsin v. Vos, No. 19-3138 (7th Cir. 2020)

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• September 8th, 11th, 14th, and 29th (Oral Argument Schedule)

Next conferences on pending petitions for review:

• August 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has no oral argument scheduled.

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U.S. Supreme Court Calendars and Lists, Argument Calendar:

Calendar for October Term 2020
Argument for
- October 2020 (Oct. 5th-14th)
Latest slip opinions (2019 Term)

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week July 13th-17th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

February 26-27 National Student Symposium, University of Pennsylvania Carey Law School (save the dates)

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Supplement to last week

Court of Appeals Holds That Insureds are Entitled to Recover UIM Benefits Regardless of Whether The Insureds Themselves Sustain Bodily Injury, by Heidi L. Vogt, Milwaukee, and John P. Pinz, Madison, von Briesen & Roper s.c., on Brey v. State Farm Mutual Automobile Ins. Co., 2019AP1320 (Recommended for Publication)

SCOW approves wide police discretion in traffic stops, lets racial bias go unchecked, Wisconsin State Public Defender, on State v. Brown, 2020 WI 63

Defense win – no exigency justified warrantless blood draw, Wisconsin State Public Defender, on State v. Hay, 2020 WI App 35

Criminal Law, Justia Opinion Summary, on United States v. Payne, No. 19-2384 (7th Cir. 2020)

Federal Preemption of Weight Limits, Wisconsin Civil Justice Council, on Town of Delafield v. Centra Transport Kriewaldt, 2020 WI 61

Wisconsin Supreme Court Reins in Agency Authorities, Great Lakes Legal Foundation, on Papa v. Wisconsin Department of Health Services, 2020 WI 66

Wisconsin Supreme Court OKs GOP-authored lame-duck laws, by Todd Richmond, Associated Press, Wisconsin Law Journal, on Service Employees International Union (SEIU) Local 1 v. Vos, 2020 WI 67

Supreme Court Statistical Report - June 2020, Wisconsin Court System

Wisconsin high court gives mixed ruling on partial vetoes, by Scott Bauer, Associated Press, Wisconsin Law Journal, on Bartlett v. Evers, 2020 WI 68, and Wisconsin Small Business United Inc. v. Brennan, 2020 WI 69

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled. Any dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conferences on pending petitions for review:

• July 14th
• August 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has no oral argument scheduled.

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U.S. Supreme Court Calendars and Lists, Argument Calendar:

Calendar for October Term 2020
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week May 18th-22nd 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

May 20th Noon to 1 pm (online) Wisconsin Legislature v. Palm panel discussion, Madison Lawyers Chapter, with attorneys for the legislature Ryan Walsh and Lane Ruhland. and former Deputy Attorney General Andrew Cook

[new] May 26th 12:30 p.m. to 1:15 p.m. (online) Madison Lawyers Chapter "National Security in the Post-Coronavirus Era" a conversation with Congressman Mike Gallagher of Wisconsin's 8th District, with Atty. Robert Driscoll, President of the Milwaukee Lawyers Chapter, as moderator

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

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Supplement to last week

Admission of drug evidence and that Defendant and a passenger gave false names upheld, Justia Opinion Summary, United States v. Nelson, No. 19-2985 (7th Cir. 2020)

Motion to adjourn a probable cause hearing is a "preliminary contested matter" under judicial substitution statute, Wisconsin State Public Defender, on State v. Matthews, 2019AP2142, (recommended for publication)

Sentence for multiple harassing, obscene, and threatening telephone calls adequately explained with regard sentencing guidelines, Justia Opinion Summary, United States v. Propst, No. 19-2377 (7th Cir. 2020)

Fewer Supreme Court Decisions Likely in 2019-20, by Alan Ball, Marquette University, SCOWstatas

In 4-3 Decision, Wisconsin Supreme Court Blocks Statewide Safe-at-Home Order, by Joe Forward, WisBar News, on Wisconsin Legislature v. Palm, 2020 WI 42

Chief Justice's Wisconsin Court COVID-19 Task Force issues report, Wisconsin Court System

A Skeptical Comment on the Wisconsin Diploma Privilege, by Paul Horwitz, PrawfsBlawg, the comment from Professor Jason Yackee of the University of Wisconsin Law School

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled. Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

• May 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for:

• May 19th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- May 2020 (May 4th-13th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week April 27th-May 1st 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

April 27th-May 1st webinars and teleforum discussions "Separation of Powers and the Administrative State" Eighth Annual Executive Branch Review Conference, Washington, DC (save the dates)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter -rescheduled from May 8th- (save the date)

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Supplement to last week

Wisconsin Supreme Court oral argument
- Bartlett v. Evers, 2019AP1376-OA
- Wisconsin Small Business United Inc. v. Brennan, 2019AP2054-OA
- Hammer v. Board of Bar Examiners, 2019AP1974-BA
WisconsinEye

Wisconsin justices consider scaling back Evers’ veto powers, by Todd Richmond, Associated Press, Wisconsin Law Journal

Jill Karofsky and "Bloc Cohesion" at the Wisconsin Supreme Court, by Alan Ball, Marquette University, SCOWstats

Justia Opinion Summary, Skyrise Construction Group LLC v. Annex Construction LLC, No. 19-1461 (7th Cir.)

Court of Appeals addresses a couple of common sentence credit issues, State v. Kontny, 2019AP1257-CR, Wisconsin State Public Defender

Wisconsin Supreme Court oral argument
- Warren v. Meisner, 2019AP567-W
- Papa v. Wisconsin Dept. of Health Services, 2016AP2082 and 2017AP634
- State v. Dobbs, 2018AP319-CR
WisconsinEye

SCOTUS holds Constitution requires unanimous jury in state criminal trials, Ramos v. Louisiana, USSC No. 18-5924, Wisconsin State Public Defender

Clean Water Act Covers Groundwater Discharges, Supreme Court Rules, County of Maui v. Hawaii Wildlife Fund, USSC No. 2018–260The New York Times

Justia Opinion Summary United States v. Perez, No. 18-3156 (7th Cir.)

Seventh Circuit rejects challenge to Act 79 search of person on ES, United States v. Caya (7th Cir. No. 19-2469)

2020 State Bar Membership Card Expiration Date Extended to Sept. 30, WisBar News

Bar Advocacy Efforts Go Digital, Rotunda Report, State Bar of Wisconsin

State Bar President-elect Post Goes to Cheryl Daniels, WisBar News

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• April 20th, 22nd, 27th, and 30th (Oral Argument Synopses - April 2020) (WisconsinEye video schedule)

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

• May 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for:

• May 14th and 19th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- May 2020 (May 4th-13th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week April 20th-24th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

April 28th-May 1st webinars and teleforum discussions "Separation of Powers and the Administrative State" Eighth Annual Executive Branch Review Conference, Washington, DC (save the dates)

September 3rd Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter -rescheduled from May 8th- (save the date)

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Supplement to last week

Liberal Karofsky wins Wisconsin Supreme Court seat, by Todd Richmone, Associated Press, Wisconsin Law Journal

A U.S. Supreme Court first: arguments by teleconference including major one involving Trump, by Lawrence Hurley and Andrew Chung, Reuters

Defense win: Drug court judge turned sentencing judge was objectively biased, State v. Marcotte, 2019AP695-CR, Wisconsin State Public Defender

Defense win! SCOW declares part of Ch. 51’s involuntary medication statute unconstitutional, Winnebago County v. C.S., 2020 WI 33, Wisconsin State Public Defender

Wisconsin Supreme Court April oral arguments to be livestreamed, Wisconsin Court System

Supreme Court Issues Temporary Mailbox Rule for Paper Filings, Inside Track, State Bar of Wisconsin

COA: Counties needn’t attempt personal service of Ch. 51 recommitment petitions, Marathon County v. R.J.O., 2018AP1037, Wisconsin State Public Defender

Supreme Court Extends Order on Remote Hearings, Clarifies Order for Juvenile Cases, WisBar News

Constitutional Law, Criminal Law, Justia Opinion Summary, United States v. Caya, No. 19-2469 (7th Cir.)

Supreme Court Monthly Statistical Report - March 2020, Wisconsin Court System

State Bar Responds to Impact of Pandemic; No Change in Dues for FY 2021, WisBar News

Partial defense win on 4th Amendment grounds, State v. Abott, 2019AP21-CR, Wisconsin State Public Defender

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• April 20th, 22nd, 27th, and 30th (Oral Argument Synopses - April 2020) (WisconsinEye video schedule)

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

• May 19th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for:

• May 14th and 19th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- May 2020 (May 4th-13th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week February 24th-28th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

March 5th On Statutory Interpretation, Judge Diane Sykes of the 7th Circuit, Madison Lawyers Chapter and University of Wisconsin Student Chapter (details and registration)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

April 28th "Separation of Powers and the Administrative State" Eighth Annual Executive Branch Review Conference, Washington, DC (Save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

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Supplement to last week

SCOW: defendant didn’t forfeit sentencing claim by failing to object during sentencing, Wisconsin State Public Defender, on State v. Counihan, 2020 WI 12

SCOW holds ch. 51 commitment not moot but affirms on the merits, Wisconsin State Public Defender, on Marathon County v. D.K., 2020 WI 18

Circuit court erred in admitting video statements of children under § 908.08, Wisconsin State Public Defender, on State v. Mercado, 2018AP2419-CR (recommended for publication)

Ban on firearm silencers is constitutional, Wisconsin State Public Defender, on State v. Barrett, 2018AP2324-CR (recommended for publication)

Recent Supreme Court opinions:
- Fraudulent Representation, Hinrichs v. Dow Chemical Co., 2020 WI 2
- Successor Liability, Veritas Steel LLC v. Lunda Construction Co., 2019 WI 3
Recent Court of Appeals opinions recommended for publication:
- Duty of Care to Trespassers, Stroede v. Society Insurance, 2018AP1880 and 2018AP2371
Wisconsin Civil Justice Council

Kelly, Karofsky win high court primary, by Todd Richmond, Associated Press, Wisconsin Law Journal

Wisconsin Assembly calls for constitutional convention, by Scott Bauer, Associated Press, Wisconsin Law Journal

SCOW clarifies how to calculate OWI fines subject to multiple enhancers, Wisconsin State Public Defender, on State v. Neill, 2020 WI 15

Defense win: New trial ordered due to evidence suggesting defendant was repeat drunk driver, Wisconsin State Public Defender, on State v. Diehl, 2019AP1176-CR (recommended for publication)

Hamilton Political Tidbits - February 21, 2020, Hamilton Consulting Group, Madison

Wisconsin Judicial Council February 21, 2020 Meeting Agenda

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• March 18th and 30th (Oral Argument Schedule)
• April 1st and 20th (Oral Argument Schedule)

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

• March 17th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for:

• March 4th and April 6th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- February 2020 (February 24th-March 4th
- March 2020 (March 23rd-April 1st)
- April 2020 (April 20th-29th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wisconsin appellate court week February 10th-14th 2020

Events | Courts last week | Courts this week

Upcoming Federalist Society events include

March 5th On Statutory Interpretation, Judge Diane Sykes of the 7th Circuit, Madison Lawyers Chapter and University of Wisconsin Student Chapter (details and registration)

March 13th-14th "The Structural Constitution in the 21st Century", National Student Symposium, University of Michigan Law School, Ann Arbor (details and registration)

April 25th Inaugural Midwestern Lawyers Chapters Conference, Abraham Lincoln Presidential Library, Springfield, Illinois, presented by the Chicago, St. Louis, and Jefferson City Lawyers Chapters (save the date)

May 8th Wisconsin Lawyers Chapters Conference, Pewaukee, Milwaukee Lawyers Chapter and Madison Lawyers Chapter (save the date)

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Supplement to last week

Wisconsin court: Bid to recover smuggled car can continue, Todd Richmond, Associated Press, Wisconsin Law Journal, on Mueller v. TL90108 LLC, 2020 WI 7

Statute of Repose Bars Asbestos-related Claim by Former Power Plant Worker, by Joe Forward, WisBar News, on Nooyen v. Wisconsin Electric Power Co., 2019AP289

The Third Branch - Fall/Winter 2019-20, quarterly newsletter of the Wisconsin court system

Marathon County v. D. K., 2020 WI 8, Justia

Ghostwriting for Pro Se Litigants: Supreme Court Weighing Petition, by Joe Forward, Inside Track, State Bar of Wisconsin

2019 in Review, by Gregg Herman, Milwaukee, Wisconsin Law Journal

Marsy's Law question that strengthens the rights of crime victims will remain on April 7 ballot, by Patrick Marley, Milwaukee Journal Sentinel [proposed amendment to Wisconsin Constitution, Article I, Section 9m]

State Bar of Wisconsin - Board of Governors Positions, Bill Track 50, 2019-2020 Regular Session

This week:

Here are the lists of the Wisconsin Court System's links to:

• Supreme Court opinions scheduled for release
• Supreme Court opinions issued this week
• Supreme Court final Orders on Rules petitions
• Supreme Court Disposition Tables
• Court of Appeals opinions scheduled for release
• Court of Appeals certifications,
• Court of Appeals opinions, and
• Court of Appeals summary dispositions issued this week

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

• February 10th (Oral Argument Synopses - February 2020) (WisconsinEye video schedule)
• March 18th and 30th (Oral Argument Schedule)
• April 1st and 20th (Oral Argument Schedule)

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2019/2020 Term.

Next conference on pending petitions for review:

• February 11th
• then March 12th

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for:

• February 12th and March 4th

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U.S. Supreme Court 2019 Term:
Calendars and Lists; Argument Calendar:
Argument for
- February 2020 (February 24th-March 4th
- March 2020 (March 23rd-April 1st) Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders