Four years have passed since our previous post on the Fifth Amendment, so it’s time for an update to see how the justices have responded recently to arguments featuring rights promised to Americans by this amendment—notably, protection from: (1) prosecution for serious crimes without a prior, legal indictment by a grand jury; (2) repeated prosecution for the same offense (“double jeopardy”); (3) involuntary self-incrimination—being forced to testify or give evidence against one’s self; and (4) deprivation of life, liberty, or property without “due process of law” or “just compensation.”[Continue Reading…]

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

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

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

These tables are derived from information contained in 363 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1933, and August 31, 1934.  The total of 363 decisions does not include various orders pertaining to petitions, motions, and disciplinary matters involving lawyers and judges. [Continue Reading…]

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

The court’s work this week did not generate any points for fantasy league teams—hence no change in the standings.

As the Wisconsin Supreme Court approached the start of its 2023-24 term, observers were struck by the scarcity of cases on the court’s calendar.  In July 2023, for instance, attorney Dustin Brown reported that the court had granted review in only six cases for the upcoming term—just a “tiny fraction” of the number accepted by this point in prior summers.  Indeed, a year earlier, the justices had already granted review in more than five times as many cases.^[1]  Was the court thus bound to issue markedly fewer decisions in 2023-24 than ever before?  With the justices’ holiday lull now behind us, let’s take an initial look at the prospects. [Continue Reading…]

So far this term, the court has filed only one decision—Rebecca Clarke v. Wisconsin Elections Commission—but this major case showered points on three of the league’s four teams.  Eight different firms scored, propelling the Writs (15 points) to an early lead, just ahead of the Waivers (12 points) and the Affirmed (10 points), as detailed below.

The Writs
Pines Bach, 10 points (brief, oral argument, and favorable outcome)
Wisconsin Institute for Law & Liberty, 5 points (brief and oral argument)

The Waivers
Boardman & Clark, 8 points (brief and favorable outcome)
Bell Giftos St. John, 3 points (brief)
Hawks Quindel, 1 point (amicus brief)

The Affirmed
Stafford Rosenbaum, 8 points (brief and favorable outcome)
WMC Litigation Center, 1 point (amicus brief)
Wisconsin Justice Initiative, 1 point (amicus brief)

Click here for the complete standings.

These tables are derived from information contained in 328 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1934, and August 31, 1935.  The total of 328 decisions does not include various orders pertaining to petitions, motions, and disciplinary matters involving lawyers and judges. [Continue Reading…]