Madison, Wisconsin (May 16, 2023) – The Wisconsin Supreme Court recently voted to accept two new cases, 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.

2020AP2007 Catholic Charities Bureau, Inc. v. LIRC
Supreme Court case type: Petition for Review
Court of Appeals: District III
Circuit Court: Douglas County, Judge Kelly J. Thimm, reversed
Long caption: Catholic Charities Bureau, Inc., Barron County Developmental Services, Inc., Diversified Services, Ins., Black River Industries, Inc., and Headwaters, Inc., Petitioners-Respondents-Petitioners v. State of Wisconsin Labor and Industry Review Commission, Respondent-Co-Appellant, State of Wisconsin Department of Workforce Development, Respondent-Appellant
Issues presented:

  1. Whether Wisconsin’s unemployment insurance law, which exempts “an organization operated primarily for religious purposes,” exempts Petitioners.
  2. Whether the court of appeals’ interpretation of the religious exemption to Wisconsin’s unemployment insurance law violates the First Amendment to the United States Constitution and Article I, Section 18 of the Wisconsin Constitution.

2021AP311 State v. McBride
Supreme Court case type: Petition for Review
Court of Appeals: District I
Circuit Court: Milwaukee County, Judge Jonathan D. Watts, reversed and cause remanded with directions
Long caption: State of Wisconsin, Plaintiff-Respondent-Petitioner v. Donte Quintell McBride, Defendant-Appellant
Issues presented:

  1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review?
  2. Was the seizure and subsequent search of McBride constitutional where Officer Rivera observed two people sitting in an unilluminated SUV, which appeared to obstruct traffic, late at night in a high crime area when McBride made furtive movements in response to Officer Rivera’s spotlight?

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:

Barron County
2021AP717-CR State v. Goss

Brown County
2021AP240 Town of Ledgeview v. Livestock Facility

Siting Review Board
2021AP1305-CR State v. Outlaw

Dane County
2022AP536 Stelling v. Middlesex Ins. Co. (Justice Rebecca Grassl Bradley dissents)

Douglas County
2021AP966-CR State v. Robinson
2021AP1468-CR State v. Ridley

Dunn County
2020AP1840-CR State v. Lopez

Calumet County
2022AP1563-FT Calumet County DH&HS v. T.M.S.

Florence County
2021AP593-CR State v. DeGroot

Grant County
2022AP1422 State v. Love

Green Lake County
2021AP1316-CR State v. Young

Iron County
2022AP184-CR State v. Lussier

Jefferson County
2022AP192-CR State v. Lillge

Lafayette County
2021AP1200 Stahlnecker v. Vieth

Marathon County
2019AP1689-W Mitchell v. Meisner
2021AP1619 Rader v. Pine Ridge Trails Comm. Srvs. Inc.

Milwaukee County
2020AP803 State v. Tucker (Justice Patience Drake Roggensack did not participate)

2021AP18-CR State v. Simpson
2021AP734 State v. Lewis
2021AP789-CR State v. Harris
2021AP1453-CR State v. Bethly
2021AP1583-CR State v. Black
2022AP273-CR State v. Brown
2022AP680-CR State v. Woods
2022AP855 State v. M.N., Jr.
2022AP906 State v. C.B.
2022AP966 State v. N.M.M. (Justice Patience Drake Roggensack did not participate)

2022AP1882 State v. E.B. (Justice Patience Drake Roggensack did not participate)
2023AP103-W Wilder v. Fuchs (WHC)
2023AP506-W Griffin v. Woodall-Vogg (WMA)
2023AP548-W Carr v. Fuchs (WHC)

Outagamie County
2020AP779-CRNM State v. Kupsky
2021AP432-CR State v. Al Bawi

Portage County
2021AP1170-CR State v. Hoffmann

Racine County
2022AP2073-W Huiras v. Circuit Court for Racine County Rock County
2021AP1107 State v. Warren
2022AP1585-FT Rock County v. H.V.
2023AP257-W Dumas v. Fell (WHC)

Rusk County
2022AP1530 Rusk County DH&HS v. R.S.

Sheboygan County
2021AP1347-CR State v. Tuchel

St. Croix County
2021AP1618-CR State v. Peabody

Vernon County
2022AP1680-W Anderson v. Cromwell

Washington County
2021AP258 State v. Bartelt

Waukesha County
2022AP412 Mertens v. Hughes (Justice Brian Hagedorn did not participate)

Winnebago County
2021AP2204-CR State v. Zoellick
2022AP1438-CR State v. Monson

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