Justia Civil Rights Opinion Summaries

The Supreme Court affirmed the decision of the court of appeals summarily affirming the judgment of the circuit court granting the State's motion to dismiss the operating while intoxicated (OWI) count against Defendant and entering judgment against Defendant on the count of operating with a prohibited alcohol concentration (PAC), holding that there was no error.The circuit court issued a search warrant to draw Defendant's blood based on the affidavit of a police officer. Defendant's blood was drawn, revealing a blood alcohol level of an amount well above the legal limit. The State charged Defendant with fourth offense OWI, fourth offense PAC, and resisting an officer. After the circuit court denied Defendant's motion to suppress a jury found Defendant guilty of OWI and PAC. The circuit court dismissed the OWI count and entered judgment on the PAC count. The court of appeals affirmed. The Supreme Court affirmed, holding that the warrant was supported by probable cause. View "State v. Green" on Justia Law

The Supreme Court held that Wisconsin's operating while intoxicated (OWI) graduated-penalty scheme is unconstitutional to the extent it counts prior revocations for refusing to submit to a warrantless blood draw as offenses for the purpose of increasing the criminal penalty.When Defendant was convicted of his sixth OWI offense the court counted as one of his six prior offenses a 1996 temporary revocation of Defendant's driving privileges for refusing to submit to a warrantless blood draw, which led to Defendant receiving a longer sentence. On appeal, Defendant argued that Wisconsin's graduated-penalty scheme for OWI offenses is unconstitutional because it threatens criminal penalties for those who exercise their Fourth Amendment right to be free from unreasonable searches. The Supreme Court agreed, holding that Wis. Stat. 343.307(1) and 346.65(2)(am) are unconstitutional to the extent that they count as offenses prior revocations resulting solely from a person's refusal to submit to a warrantless blood draw for the purpose of increasing the criminal penalty. View "State v. Forrett" on Justia Law

The Supreme Court reversed the order of the circuit court granting Defendant's motion collaterally attacking two prior convictions from 1995 and 2002, holding that the lack of a transcript meant that Defendant retained the burden to prove a violation of her right to counsel occurred.Defendant was charged with operating while intoxicated (OWI), and her driving record showed three prior OWI convictions. Defendant collaterally attacked two of those convictions, claiming that she did not knowingly, intelligently, and voluntarily waive her right to counsel. The relevant documents of the convictions, however, no longer existed, and the State could therefore not produce transcripts from either case at the motion hearing. The circuit court granted Defendant's motion, concluding that Defendant's testimony shifted the burden to the State, which submitted insufficient evidence to refute the testimony. The Supreme Court reversed, holding that Defendant retained the burden to demonstrate a violation of her right to counsel. View "State v. Clark" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court suppressing the results of a sheriff's deputy's blood test performed on Defendant but allowing the State to subpoena the hospital for Defendant's medical records, which included the hospital's blood-test results, holding that there was no error.After Defendant crashed his vehicle, he was taken to the hospital. While he was there, two blood tests were performed - the first one by the hospital for treatment purposes and a later one at the direction of the deputy for diagnostic and investigative purposes. Defendant moved to suppress the results of the deputy's blood draw because the deputy had no warrant and no exceptions to the warrant requirement applied. The circuit court granted the motion. Thereafter, the court granted the State's request to issue a subpoena to the hospital for Defendant's medical records. On appeal, Defendant argued that those results should be suppressed under the Fourth Amendment's exclusionary rule. The Supreme Court affirmed, holding that the hospital's blood-test results were admissible under the independent-source doctrine. View "State v. Linn" on Justia Law

The Supreme Court ruled that Cree, Inc. did not unlawfully discriminate against Derrick Palmer based on his conviction record by rescinding its job offer, holding that Cree sufficiently established that the circumstances surrounding Palmer's prior convictions for domestic violence substantially related to the circumstances of the offered position.In 2013, Palmer was convicted for committing eight crimes of domestic violence against his live-in girlfriend. Palmer later applied to work for Cree as an Applications Specialist. Cree offered Palmer the job subject to a background check, which revealed Palmer's 2013 convictions. Cree then rescinded its offer of employment. Palmer subsequently filed a discrimination complaint. The Labor and Industry Review Commission concluded that the domestic crimes at issue did not substantially related to the Applications Specialist job, and therefore, Cree discriminated against Palmer when it rescinded its job offer. The Supreme Court reversed, holding (1) Cree met its burden to establish a substantial relationship between the circumstances of Palmer's convicted offenses and the circumstances of the Applications Specialist position; and (2) therefore, Cree did not unlawfully discriminate against Palmer based on his conviction record. View "Cree, Inc. v. Labor & Industry Review Commission" on Justia Law

The Supreme Court adopted proposed remedial state senate and state assembly maps submitted by Governor Tony Evers in response to the Court's call for proposed maps for the set of districts where new district boundaries were required due to this Court's holding that maps enacted into law in 2011 were unconstitutional, holding that Governor Evers' maps satisfied all requirements.Specifically, the Supreme Court held (1) as to the proposed congressional maps, Governor Evers' proposed congressional map most complied with this Court's least-change directive, the federal Constitution, and all other applicable laws; and (2) as to the proposed State legislative maps, the Governor's proposed senate and assembly maps produced less overall change than other submissions, and the Governor's proposals satisfied the requirements of the state and federal constitutions. View "Johnson v. Wisconsin Elections Commission" on Justia Law

The Supreme Court affirmed Defendant's sentence for his second-degree intentional homicide conviction, holding that Defendant failed to prove by clear and convincing evidence that the circuit court relied on an improper sentencing factor in mentioning Defendant's lawful gun ownership and conceal-carry (CCW) permit.Defendant pleaded guilty to second-degree intentional homicide. After a sentencing hearing, the circuit court sentenced Defendant to fourteen years of initial confinement followed by six years of extended supervision. The court of appeals affirmed, concluding that the court's statements at sentencing demonstrated that Defendant was not being punished for exercising his Second Amendment rights but, rather, for his belief that he could unlawfully and lethally shoot an unarmed individual. The Supreme Court affirmed, holding the record did not indicate that Defendant received a longer sentence because he purchased a gun or applied for a CCW permit or that those activities formed the basis for Defendant's sentence. View "State v. Dodson" on Justia Law

The Supreme Court affirmed Defendant's conviction for first-degree intentional homicide, holding that Defendant was not entitled to relief on his claims that the trial court erred in denying two pre-trial evidentiary orders.At issue was the denial of Defendant's motion to suppress the admission of incriminating cell phone data and the circuit court's discretionary decision to admit evidence from a Fitbit device allegedly worn by the victim's boyfriend at the time of the homicide. The Supreme Court affirmed, holding (1) even if some constitutional defect attended either the initial download of the cell phone data or subsequent accessing of the cell phone data, there was no law enforcement misconduct that would warrant exclusion of that data; and (2) the circuit court permissibly exercised its discretion in admitting the Fitbit evidence where no expert was required and the State sufficiently authenticated the records from Fitbit. View "State v. Burch" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming the decision of the circuit court granting Defendant's motion to suppress certain statements that he made during a post-polygraph interview, holding that the statements were admissible.In granting Defendant's motion to suppress, the circuit court concluded that the statements Defendant made during his post-polygraph interview were involuntary. The court of appeals affirmed. The Supreme Court reversed, holding that the statements were voluntary and admissible because the interview was separate from the polygraph examination and because the statements were not the product of police coercion. View "State v. Vice" on Justia Law

The Supreme Court vacated the portions of the emergency order issued by Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County, restricting or prohibiting in-person instruction in all schools in Dane County for grades 3-12, holding that those portions were unlawful and unenforceable and are hereby vacated.The disputed order was issued in an effort to decrease the spread of COVID-19. Petitioners - students - brought three cases challenging Heinrich's authority to issue the emergency order, contending that the order exceeded her statutory authority under Minn. Stat. 252.03, violated Petitioners' fundamental right to the free exercise of religioun under Wis. Const. art. I, 18, and violated parents' fundamental right to direct the upbringing and education of their children under Wis. Const. art. I, 1. The Supreme Court consolidated the cases and held (1) local health officers do not have the statutory power to close schools under section 252.03; and (2) the order infringed Petitioners' fundamental right to the free exercise of religion guaranteed in the Wisconsin Constitution. View "St. Ambrose Academy, Inc. v. Parisi" on Justia Law