For Immediate Release

Supreme Court Accepts 19 New Cases

Madison, Wis. (Oct. 12) - The Wisconsin Supreme Court has voted to grant review in 19 new cases. The case numbers, issue, and county of origin are listed below. Please note that the statement of the issue is cursory. To read the full record, go to the Supreme Court Clerk's office, Ste. 215, Tenney Building, 110 E. Main St., Madison.

97-3078
Stelpflug v. Town Bd., Town of Waukesha
County of Origin: Waukesha

Issues: Did the Court of Appeals correctly conclude that there was no temporary taking of the petitioners' property that would warrant compensation? The petitioners were not aware of the existence of the condemnation commission's order that a road should be laid out on their properties and there was no evidence that the petitioners' incidents of ownership were affected by the commission's order (which was subsequently rescinded).

97-3759
So. Milwaukee Savings Bank v. J. Barrett, Clerk of Courts
County of Origin: Milwaukee

Issues: What statute of limitation applies to actions under Wis. Stat. § 806.10(3)? Did the Clerk of Courts Office comply with § 806.10(3)?

97-3818
J. Antisdel v. City of Oak Creek Police and Fire Commission
County of Origin: Milwaukee

Issues: Does Wis. Stat. § 165.85(4)(b) preclude a law enforcement agency from establishing a probationary period as a condition of promotion? Is a police officer who fails to satisfactorily complete a condition of promotion, e.g., a one-year probationary period, entitled to a "just cause" hearing pursuant to Wis. Stat. § 62.13(5)(em) before being denied the promotion to the rank of sergeant?

98-0454
C. Strozinsky v. School District of Brown Deer
County of Origin: Milwaukee

Issues: May an employee who voluntarily resigns from employment proceed with a claim against a school district for wrongful discharge on the basis of constructive discharge? Does Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 335 N.W.2d 834 (1983) allow a jury, instead of the court, to decide if an employee who voluntarily resigned may rely on Wis. Stat. § 943.39, as a well-defined public policy as an exception to the employment-at-will doctrine?

98-0896-CR
State v. R. Pallone
County of Origin: Walworth

Issues: Does Wyoming v. Houghton, No. 98-184, 1999 WL 18177 (Apr. 5, 1999) authorize a search of the property of a passenger in a motor vehicle where police have validly arrested the driver, but do not have a reasonable basis to detain or probable cause to arrest the passenger? Does Knowles v. Iowa, 119 S. Ct. 484 (1998), which involved a vehicle search in a traffic stop without an arrest, apply here?

98-0931-CR
State v. T. Griffith
County of Origin: Racine

Issues: During a traffic stop in which the driver immediately admits to the suspected violation, does the Fourth Amendment prohibit the investigating officer from then subjecting a passenger to nonconsensual questioning about that passenger's identity when there is no reason to suspect that passenger has done anything wrong?

98-0958
K. Dieter v. Chrysler Corp.
County of Origin: Waukesha

Issues: Does the Lemon Law apply to warranty non-conformities present in a new motor vehicle if the consumer is aware of those non-conformities at the time of delivery?

98-1332-CR
State v. P. Richter
County of Origin: Marinette

Issues: Is an officer's warrantless entry into an occupied residence justified under the "exigent circumstances" exception to the warrant requirement when the officer had probable cause to believe that an intruder had made a forced entry into the residence moments earlier? Did the officer's subsequent conduct in informing the defendant of the suspected presence of an intruder in his residence and receiving his consent to search for the intruder dissipate the taint of the unlawful entry so as to permit the admission of the evidence? Did the notice of appeal properly invoke the jurisdiction of the Court of Appeals?

98-2746-CR
State v. T. Dagnall
County of Origin: Dane

Issues: What is the standard for evaluating whether a Sixth Amendment right has been invoked and to what extent must police clarify the invocation if there is any ambiguity?

98-2834
HMO-W Inc. v. SSM Health Care System
County of Origin: Sauk

Issues: Does Wis. Stat. § 180.1302, the corporate dissenters' rights statute, permit the application of a minority discount in determining the fair value of a dissenters' shares in a closely held corporation? From Sauk County.

98-2900-CR
State v. E. Hammer
County of Origin: Racine

Issues: In light of the Supreme Court's recent "other acts" decision in State v. Sullivan, 216 Wis. 2d 768, 576 N.W.2d 30(1998) ("other acts" refers to what evidence may be permissible in a criminal sentencing), what is the status of the "other acts" rulings in State v. Plymesser, 172 Wis. 2d 583, 493 N.W.2d 367 (1992) and State v. Friedrich, 135 Wis. 2d 1, 398 N.W.2d 763 (1987)?

98-3150 98-3484 (consolidated)
J. Teague v. Bad River Band of Lake Superior Tribe
County of Origin: Ashland

Issues: Did the Court of Appeals correctly conclude that the circuit court erred in refusing to give full faith and credit under Wis. Stat. § 806.245(4) to a tribal court judgment declaring that the employment contracts were null and void?

98-3457-CR
State v. A. Wingo
County of Origin: Milwaukee

Issues: Did the failure to challenge the constitutionality of the six-person jury statute or to request a 12-person jury before trial, constitute a waiver in this criminal misdemeanor case? Was trial counsel ineffective for not requesting a 12-person jury?

99-0195
W. Timm, Indiv. and as Special Admin. of Estate of Tyler Thomas Timm
and Vicky L. Timm v. Young Men's Christian Assn. Of Manitowoc
County of Origin: Manitowoc

Issues: Is the retroactive application of the 1997 increase in Wis. Stat. § 895.04, wrongful death caps unconstitutional?

99-0500
City of Madison v. Wis. Employment Relations Commission
County of Origin: Dane

Issues: Must a person attempting to intervene in a case pending before the Court of Appeals, who up to that point has not been a party in the action, move to intervene within the time limits for filing a notice of appeal applicable to the existing parties?

99-1089-OA
In the Matter of Appl. of Prisoner Litigation Reform Act:
State ex rel Cramer v. Wis. Court of Appeals
County of Origin: Dane

Issues: Does the Prisoner Litigation Reform Act apply to judicial review of probation revocation? Is the petitioner liable for court costs and filing fees in an appeal involving a petition for writ of certiorari to review revocation of probation?

99-1441
In re Termination of Parental Rights:
Darryl T-H. and Durrell T-H. v. Margaret H.
County of Origin: Milwaukee

Issues: Does an order terminating parental rights to a child sever the relationship between the child and his or her biological family within the meaning of Wis. Stat. § 48.426(3)(c), where the proposed disposition contemplates adoption by a non relative if termination is ordered?

99-2118-CQ
Mullenberg v. Kilgust

Issues: Does Wis. Stat. § 194.41, because of its use of the term "negligent operation," require insurers to cover the loading activities of third parties? If not, does § 194.41 incorporate the Omnibus Statute, § 632.32, so that an insurer who issues and delivers a policy outside of Wisconsin must comply with the requirements of the Omnibus Statute and thereby cover these loading activities? Certified question from the federal court.

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