Supreme Court to Review Seven Cases
Madison, Wis. (June 3) - The Wisconsin Supreme Court
on Tuesday, May 25, voted to grant review in seven new cases. The case
numbers, originating county, and issues are as follows:
Willow Creek Ranch v. Town of Shelby
97-2075 & 98-0138 (consolidated cases)
County of Origin: La Crosse
Issue: Does the DNR's statutory authority to
regulate the operation of game farms negate the local municipality's
authority to create and enforce zoning ordinances? Did the town or
county act arbitrarily or in excess of their authority when issuing a
citation for conducting hunting activities on property zoned for
agricultural purposes? Are the town and county immune from liability
under Wis. Stat. § 893.80(4)?
German et al v. Wis. DOT et al
98-0250
County of Origin:Dane
Issue: Are the plaintiffs' claims for compensation
for their meal periods properly brought under Wis. Stat.
§ 109.03(5)? Is the DOT protected by sovereign immunity for a
wage claim brought under Wis. Stat. ch. 109 by DOT employees? Were the
plaintiffs required to serve a notice of claim pursuant to Wis. Stat.
§ 893.82(3) prior to commencing this action in the circuit
court, and if they did not do so, how does that affect the resolution of
the merits of this review?
State v. J. McGill
98-1409-CR
County of Origin: Rock
Issue: May a police officer, after a routine stop,
conduct a Terry pat-down of the driver even though the officer
did not feel that his safety had been threatened by the driver before
the officer conducted the frisk? Does the discovery by the officer of an
object in the driver's pocket that the officer thinks might be a weapon
allow the officer to retrieve the object which turns out to be a tightly
wrapped aluminum foil package, and then open the package to determine if
it contains contraband?
State v. W. Floyd
98-2062
County of Origin: Rock
Issue: Under either statutory or constitutional law,
is a defendant entitled to sentence credit for time spent in jail on a
charge that was dismissed pursuant to a plea agreement but read into the
record and considered at the sentencing for another offense?
State v. G. Bollig
98-2196-CR
County of Origin: Juneau
Issue: Does requiring a convicted sex offender to
register under Wis. Stat. § 301.45 constitute "punishment" for
purposes of determining whether the trial court's failure to notify the
defendant that he would be required to register as a sex offender
rendered his no contest plea unknowingly and unintelligently made?
State v. J. Huebner
98-2470-CR
County of Origin: Milwaukee
Issue: Should State v. Hansford, 219 Wis.2d 226, 580
N.W.2d 171 (1998) be applied retroactively to all six person jury
verdicts, even if the defendant made no pretrial objection to a jury of
six?
Press Releases
