On Point: 45. WI Supreme Court

Service Employees International Union Healthcare Wisconsin v. Wisconsin Employment Relations Commission, 2025 WI 29, 6/27/25, on bypass from the court of appeals; case activity

In a unanimous non-criminal appeal, four justices issue a concurrence signaling their willingness to revisit Wisconsin’s method of statutory construction as set forth in Kalal. 

OLR v. Daniel P. Steffen, 2023AP1511-D, 7/1/25, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity).

In a decision of potential interest to criminal practitioners, SCOW revokes the license of a prosecutor who has been criminally sentenced for sex crimes.

State v. Luis A. Ramirez, 2025 WI 28, 6/27/25, reversing a published decision from COA; case activity

When this case was issued in COA, we got excited and informed our readers that this “big defense win” was an important decision on the speedy trial right. However, SCOW now unanimously reverses in favor of the State.

State v. Jobert L. Molde, 2025 WI 21, 6/13/25, reversing COA’s authored, unpublished opinion; case activity

SCOW considers whether an expert witness violated Haseltine‘s anti-vouching rule when she testified that only around one percent of child sexual assault disclosures are false without offering an opinion on whether the victim in this case was telling the truth. A unanimous court overrules Mader and any other court of appeals case that holds statistical evidence alone violates the Haseltine rule.

State v. Kordell Grady, 2025 WI 22, 6/13/25, affirming COA’s summary disposition order; case activity

Although SCOW presumably took this case to clarify the rules of Zoom court–and the oral argument focused intensely on such questions–SCOW ultimately opts to issue a decision which makes no substantive law and denies relief based on what it claims is a deferential review of the circuit court’s factual findings.

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.

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.

State ex rel. Wis. Dep’t of Corrs., Div. of Cmty. Corrs. v. Hayes, 2023AP1140, petition for review of a per curiam court of appeals decision, granted 11/12/24; affirmed 7/3/25; case activity (including briefs)

The Division of Hearings and Appeals decided not to revoke Sellers’s probation. DOC, on writ of certiorari to the circuit court, prevailed, and DHA appealed. On appeal, DHA and Sellers asked the COA to affirm DHA’s original decision not to revoke Sellers’s probation. The COA agreed with DHA and Sellers, reversing the circuit court’s order and affirming DHA’s decision not to revoke Sellers’s probation. DOC petitioned for review.

State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity

In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also relevant to determining what is “settled law” in assessing a claim of ineffective assistance of counsel.

Van Oudenhoven v. Wis. Dept. of Justice, 2023AP70-FT, petition for review of a published court of appeals decision, granted 11/12/24; dismissed as improvidently granted 6/24/25; case activity (including briefs)

SCOW granted review to determine whether an expunged conviction for a misdemeanor crime of domestic violence under Wisconsin law qualifies as an “expungement” under 18 U.S.C. § 921(a)(33)(B)(ii) for purposes of obtaining a firearm.