Oconomowoc School District v. Cota., 2025 WI 11, 4/10/25 In a case tangentially related to defense practice, SCOW clarifies that a Wisconsin statute prohibiting employment discrimination based on arrest records applies to non-criminal offenses, such as an allegation of theft prosecuted in municipal court. “Subject to limited exceptions, an employer may not terminate an employee… Read more
B. Opinions
In a set of non-criminal opinions, SCOW issues new guidance on the commonly-invoked rule that COA is not at liberty to disagree with its own precedents and also takes another run at clarifying when a final order is truly “final” for the purposes of appeal. Wisconsin Voter Alliance v. Secord, No. 2023AP36: This case arises… Read more
Waukesha County v. M.A.C., 2024 WI 30, 7/5/24, reversing an unpublished court of appeals decision; case activity (including briefs) In a big defense win, 6 justices agree that M.A.C. is entitled to relief, with four justices joining together to dismantle SCOW’s prior decision in S.L.L. with respect to notice and default judgment in Chapter 51 proceedings… Read more
State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says. There is no dispute about… Read more
Kindschy v. Aish, 2024 WI 27, 6/27/24, reversing a published court of appeals decision; case activity (including briefs) SCOW finds injunction against abortion clinic protestor violated First Amendment. Pursuant to Wis. Stat. § 813.125, the Calumet County Circuit Court enjoined Brian Aish, an anti-abortion protestor, from speaking to or going to the residence or any… Read more
State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts. Although the majority spends roughly 28 pages outlining the facts, the… Read more
Winnebago County v. D.E.W., 2024 WI 21 (per curiam), 5/14/24, review of an unpublished court of appeals decision; case activity Although many practitioners may have hoped that this case would resolve recurrent issues in appeals of involuntary medication orders, those issues will have to be resolved another day given SCOW’s order dismissing the petition as… Read more
State ex rel. Antonio S. Davis v. Circuit Court for Dane County, the Honorable Ellen K. Berz and State of Wisconsin, 2024 WI 14, 3/26/24; case activity A majority of the Wisconsin Supreme Court affirms the court of appeals’ denial of Davis’ petition for a supervisory writ after concluding the the circuit court had no… Read more
