Is Stare Decisis Dead?

Last month’s decision in State v. Denny yielded a spirited discussion of stare decisis (often translated from Latin as “stand by things decided” or “let the decision stand”)—a principle that emphasizes the importance of adhering to the precedents set by earlier cases.  The precedent at issue in Denny was State v. Moran, a decision filed in 2005 that allowed petitioner James Moran to conduct DNA testing of evidence in possession of the state, if he could show that the evidence met certain statutory requirements, and if he paid for the testing himself.[Continue Reading…]

Fantasy League Update

With the five points contributed by Foley & Lardner (a brief and oral argument in Smith v. Kleynerman), the Affirmed widened their lead to 13 points over the second-place Gavels of the State Public Defender’s office.

current standings

Readers’ Comments on the Attorney-Discipline Post

I wanted to take a moment to acknowledge two readers' responses to yesterday’s post on attorney-discipline cases.  The first response wondered if it would be fruitful to “stratify” these cases to see if certain types of dereliction were more likely … [Continue reading]

Attorney-Discipline Cases, 2014-15 and 2015-16

For years, SCOWstats has steered clear of attorney-discipline cases when studying the supreme court’s rulings, but today we’ll change course and explore these waters.  Filings from the last two terms should provide a sufficiently large sample (88 … [Continue reading]

Fantasy League Update

Something stirred in the fantasy league’s cellar on February 28.  With the five points tallied by the Remington Center’s Innocence Project (from a brief and oral argument in State v. Denny), the Citations joined the scoring—leaving only the Writs and … [Continue reading]

Fantasy League Update

With the filing of State v Scruggs on February 23, the Gavels of the Public Defender’s Office picked up five points (brief and oral argument) and edged into first place for the first time this season.  Their stay at the top lasted only a day, … [Continue reading]

Wisconsin Supreme Court Statistics, 1989-1990

These tables are derived from information contained in 71 Wisconsin Supreme Court decisions that were turned up in a Lexis search for decisions filed between September 1, 1989, and August 31, 1990.  The total of 71 decisions does not include rulings … [Continue reading]

Fantasy League Update

With a brief and oral argument in State v. Mattox, the Gavels of the Public Defender's Office climbed to within three points of the league-leading Affirmed. Current standings … [Continue reading]

Fantasy League Update

The Gavels of the Public Defender's Office earned five points (brief and oral argument) in State v. Allen, thereby gaining ground on the league-leading Affirmed, who were idle.  Current standings … [Continue reading]

Some Thoughts on the Supreme Court’s 2016-17 Docket

Early in the 2015-16 term, Justice Abrahamson expressed concern over two aspects of the court’s docket: (1) the meager number of cases scheduled, and (2) the large percentage of these cases that had arrived as per curiam decisions from the court of … [Continue reading]