Madison, Wisconsin (March 9, 2023) – The Wisconsin Supreme Court recently voted to accept one new case, and the Court acted to deny review in a number of other cases. 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.
2022AP1334 A.M.B. v. Circuit Court of Ashland County
Supreme Court case type: Bypass
Court of Appeals: District III
Circuit Court: Ashland County, Judge Kelly J. McKnight
Long caption: In the matter of the adoption of M.M.C.: A.M.B., Petitioner-Appellant, T.G., Appellant v. Circuit Court for Ashland County, the Honorable Kelly J. McKnight, presiding, Respondent
Issues presented:
- Whether Wis. Stat. Ann. § 48.81 and 48.92(2) violate the equal protection rights of afforded to her under Wis. Const., art. I, § 1 and the Fourteenth Amendment of the U.S. Constitution, by requiring A.M.B. and T.G. to be married to enable T.G. to adopt her?
- Whether Wis. Stat. Ann. § 48.81 and 48.92(2) violate the equal protection rights of T.G. afforded to him under Wis. Const., art. 1, § 1 and the Fourteenth Amendment of the U.S. Constitution by requiring T.G. to be married to A.M.B. to adopt M.M.C.?
- Do unstated legislative interests of “promoting marriage” and “preserving the traditional unitary family” trump the stated legislative interest of promoting the best interest of the child in Chapter 48?
- Is it consistent with Wisconsin law to discriminate against individuals based on marital status for stepparent adoptions to “promot[e] marriage” and “protect the traditional unitary family” (See Respondent’s brief p. 5)?
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:
Brown County
2021AP374-CR State v. Sanders
2021AP918 Van Handel v. Shepard
2021AP1912 F.A.W. v. M.B.
Dane County
2019AP2026-W Ramirez v. Hepp
2020AP1870 Dressler v. Kaul
2021AP1281-CR State v. Gratz (Justice Jill J. Karofsky did not participate)
2022AP72 Klinger v. Wisconsin Mutual Insurance Company
2022AP2211-W Schworck v. Circuit Court for Dane County (WSU)
Fond du Lac County
2022AP1170-CR State v. Allen Florence County
2021AP396 Eilau v. Roff Langlade County
2021AP988-CR State v. Pearson Manitowoc County
2019AP1651 Backus Electric, Inc. v. Hubbartt Electric, Inc. Marathon County
2021AP840 Ally Capital Corp. v. Rader
2021AP2115 Petitioner v. Milbeck Milwaukee County
2020AP1207 State v. Carpenter (Justice Rebecca Frank Dallet did not participate)
2021AP78 State v. Sellers
2021AP527-CR State v. Lassa
2021AP654 State v. Williams
2021AP688-W Tucker v. Benzel (Justice Patience Drake Roggensack did not participate)
2021AP707 State v. Gutierrez-Mendoza
2021AP804-CR
2021AP805-CR State v. Jackson
2021AP1424-CR State v. Wilson
2021AP1786-CR State v. Davis
2021AP1834-CR State v. Hughes
2022AP2-W Tran v. Hepp
2022AP713
2022AP714
2022AP715 L.E.H. v. R.E.M. (Justice Patience Drake Roggensack did not participate)
2022AP805-W Shaw v. Lucas
2022AP1397 State v. D.W., Jr.
2022AP1580
2022AP1581
2022AP1582
State v. C.L.
2022AP2109-W Grady v. Fuchs (WHC)
Portage County
2022AP1249
2022AP1250
2022AP1251
2022AP1252 Portage County DH&HS v. C.Z.
2022AP1352
2022AP1353
2022AP1354
2022AP1355 Portage County DH&HS v. S.Z.
Racine County
2020AP1052 Vanderventer v. Hyundai Motor America (Chief Justice Annette Kingsland Ziegler and Justice Rebecca Grassl Bradley dissent)
2021AP1002-CR State v. Canady St. Croix County
2021AP392 Rood v. Selective Insurance Co. (Justice Patience Drake Roggensack dissents)
Walworth County
2021AP1025-CR
2021AP1026-CR State v. Barrera
2023AP191-W Noback v. Court of Appeals, District II (WSU)
Washington County
2021AP1903-CR State v. Kieson (Chief Justice Annette Kingsland Ziegler did not participate)
Waukesha County
2021AP942-CR State v. Schiller
2022AP807 State v. K.J.P.
Waupaca County
2021AP1384-CR State v. Wittenberger Waushara County
2021AP867-CR State v. Lehouillier Winnebago County
2022AP817 Winnebago County v. A.P.D.
