The Gavels of the State Public Defender’s Office gained eight points this week for a brief, oral argument, and partly-favorable decision—along with an amicus brief—in State v. Corey T. Rector.  (Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau is excluded from consideration, as no majority of justices could agree on a ruling.)

Click here for the current standings.

These tables are derived from information contained in 303 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1939, and August 31, 1940.  The total of 303 decisions does not include various orders pertaining to petitions, motions, and the like.  In particular, cases are not included if they were decided during the previous term but appeared in the search results because motions for reconsideration were not rejected until 1939-40.  Also excluded are lawyer disciplinary rulings.   

When two or more cases were, in effect, consolidated—one was simply said to be ruled by the decision in the other—the cases are counted as only one: (1) Eckhardt v. Judevine (233 Wis. 168) and Eckhardt v. Judevine (233 Wis. 171); (2) In re Hatten’s Estate (233 Wis. 256) and In re Hatten’s Estate (233 Wis. 269); (3) Western Condensing Co. v. Industrial Com. and Wausau Service Oil Co. v. Industrial Com.; (4) J. C. Penney Co. v. Tax Comm.; F. W. Woolworth Co. v. Tax Comm.; and Minnesota Mining & Mfg. Co. v. Tax Comm.             

The tables are available as a complete set and by individual topic in the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices

This week’s decisions showered points on all four teams, but the Writs emerged as the big winners, secure at the top of the standings.  They collected 10 points from Legal Action of Wisconsin for a brief, oral argument, and favorable outcome in State v. Alan S. Johnson and one point from Godfrey & Kahn for an amicus brief in Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission.

The Gavels of the State Public Defender’s Office picked up two points for an amicus brief and oral argument in Johnson and a point for an amicus brief in Wisconsin Justice Initiative—a case that also delivered a point to the Affirmed for an amicus brief from Stafford Rosenbaum.  An amicus brief by Henak Law Office in Johnson added a point to the Waivers’ total.

This week the court stated that review had been improvidently granted in State v. Daimon Von Jackson, Jr., thereby taking the case out of play.  No other decisions were filed—hence, no change in the standings.

It’s time again for SCOWstat’s annual prediction of the number of decisions that the supreme court will file by the end of its term this summer.  Using the court’s customary pace of work as a guide for assessing the information currently available, we can estimate the final total with confidence.[Continue Reading…]

This week’s decision in Allen Gahl v. Aurora Health Care delivered no points to any of the league’s teams—hence, no change in the standings.

This week the Waivers narrowed the gap between them and the first-place Writs, gaining 10 points from von Briesen & Roper for a brief, oral argument, and favorable outcome in Green Bay Professional Police Association v. City of Green Bay. 

Click here for the complete standings (which do not include Neil J. Rennick v. Teleflex Medical Incorporated, where the court failed to reach a decision).

This week’s sole decision—DEKK Property Development, LLC v. Wisconsin Department of Transportation—delivered five points to the Waivers by means of a brief and oral argument from von Briesen & Roper.  As a result, the Waivers edged ahead of the Gavels into second place.

Click here for the complete standings.

These tables are derived from information contained in 305 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1940, and August 31, 1941.  The total of 305 decisions does not include various orders pertaining to petitions, motions, and the like.  In particular, cases are not included if they were decided during the previous term but appeared in the search results because motions for reconsideration were not rejected until 1940-41.  Also excluded are lawyer disciplinary rulings.   

When two or more cases were, in effect, consolidated—one was simply said to be ruled by the decision in the other—the cases are counted as only one: (1) Nayes v. Milwaukee E. R. & L. Co. (237 Wis. 141) and Nayes v. Milwaukee E. R. & L. Co. (237 Wis. 146); (2) In re Hahto’s Estate and In re Laus’s Estate; (3) In re Wisconsin Power & Light Co. and In re Condemnation by Wisconsin Power & Light Co.

Nick v. American Lumber & Mfg. Co. resulted in a 3-3 split and is not included.

According to Portraits of Justice. The Wisconsin Supreme Court’s First 150 Years, “[i]n 1940, [Justice George] Nelson became ill and was unable to attend court.  He resigned in December 1942.”  During the 1940-41 term he is listed as the author of only five majority opinions (decided in October and November of 1940), which raises the question of whether he participated in later cases.  He is not listed as “taking no part”—as are other justices on the rare occasions when they did not participate—but it seems doubtful that he was involved in most of the 242 cases decided after November 1940.  Thus, many of the (apparently) 7-0 decisions may actually have been 6-0.  I have included Justice Nelson in the “Distribution of Opinion Authorship” table, but he does not appear in any of the others.

The tables are available as a complete set and by individual topic in the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices

No decisions were filed this week–hence, no change in the standings.