State v. M.E., 2019AP2228, 9/1/2020, District 1 (one-judge decision; ineligible for publication); case activity M.E. was adjudicated delinquent after a bench trial. During the trial, the judge overheard a conversation between a state’s witness and the prosecutor that led her to believe her sequestration order had been violated. M.E. argues the judge was disqualified because… Read more
C. Disqualification
Robertson Fowler, III, v. Keith Butts, 7th Circuit Court of Appeals Case No. 15-1221, 2016 WL 3916012, 7/20/16 The Seventh Circuit holds a federal judge is always disqualified from hearing a collateral attack on a judgment he or she entered or affirmed as a state judge. Fowler filed a federal habeas petition contending that the lawyer in his… Read more
SCOW watchers might find today’s 3-3 split in Yasmine Clark v. American Cyanamid Company, 2014AP775 interesting. The appeal raises an important constitutional issue in the context of a lead paint products liability case. The court of appeals’ certification asks: Does applying WIS. STAT. § 895.046—which prohibits plaintiffs from asserting claims against manufacturers of white lead carbonate… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 104 (Justice Gableman); case activity; companion decisions: 2012 WI 103; 2012 WI 69, 2012 WI 43 ¶1 On May 8, 2012, I received a letter from Kevin P. Reak, counsel for Justice David T. Prosser, Jr., filed with the court, requesting that I recuse myself from… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 103 (Justice Ziegler); case activity; companion decisions: 2012 WI 69, 2012 WI 43 Justice Ziegler, like Justice Roggensack and unlike Justice Crooks, recuses herself from a pending judicial complaint against Justice Prosser. ¶2 The highly unusual issue each justice is called upon to decide… Read more
State v. Circuit Court for Dane County / Ismael R. Ozanne v. Jeff Fitzgerald, 2012 WI 82, declining to grant motion to reopen 2011 WI 43; case activity; companion case: Adams v. State, 2012 WI 81 The court splits 3-3 on, and therefore does not grant, District Attorney Ozanne’s motion to reopen the decision in 2011 WI 43 (the Act 10, Open Meetings… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 69 (Justice Crooks); case activity; companion decision: 2012 WI 43 Justice Crooks declines to recuse himself (with respect to the pending misconduct complaint against Justice Prosser) under the Rule of Necessity, namely the possible loss of a quorum (4 justices) and thus… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 43 (Justice Roggensack); case activity ¶1 On April 17, 2012, Justice David T. Prosser’s Attorney, Kevin P. Reak, wrote and asked me to disqualify myself from participation in the above-captioned matter, asserting that I am a material witness. … ¶2 … I… Read more
