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Case Digests

00-2201-CR State v. McClain

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her ...

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00-1493 Fleishman v. Brem, et al.

American Family Mutual Insurance Company (American Family) appeals from an order and a judgment declaring American Family liable to Jean Fleishman for $33,000 pursuant to the uninsured motorist coverage in her automobile policy with American Family. The trial court determined ...

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00-1123 State ex rel. Ferguson v. Schwarz

Raymond Ferguson, pro se, appeals from the trial court’s order affirming a decision revoking his parole. The issues are: (1) whether the decision to revoke Ferguson’s parole was supported by substantial evidence; (2) whether the decision was arbitrary, capricious, or ...

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00-3129-CR State v. Behnken

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming ...

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00-3363-FT Fahser, et al. v. Hilgart

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

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00-6374 Becker v. Mongtomery, et al.

“As plainly as Civil Rule 11(a) requires a signature on filed papers, however, so the rule goes on to provide in its final sentence that ‘omission of the signature may be corrected promptly after being called to the attention of ...

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98-3139 State v. Bond

Where the court is evenly divided on whether to affirm or reverse the decision of the court of appeals, the decision of the court of appeals must be affirmed. Court of Appeals, Per Curiam Attorneys: For Appellant: Ellen Henak, Madison ...

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00-3363-FT Fahser, et al. v. Hilgart (55157)

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

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No. 130, Orig., New Hampshire v. Maine

“New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970’s litigation… [I]nterpretation of those words was ‘necessary’ to fixing the northern ...

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99-2968 State v. Johnson

We further hold that the statute, Wis. Stat. sec. 948.025, is constitutional, and defendant, who was convicted of the repeated sexual assault of a child, is not entitled to a new trial. In sum, even though the State introduced evidence ...

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00-24 PGA Tour Inc. v. Martin Stevens, J.

“Under the ADA’s basic requirement that the need of a disabled person be evaluated on an individual basis, we have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of petitioner’s tournaments. As ...

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99-1128 State v. Hansen

The circuit court erred in holding that sec. 961.45 required application of the “elements only” test of Blockburger v. United States, 284 U.S. 299 (1932) to determine whether the prior conviction was for the same act. Accordingly, we reverse the ...

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00-3054-CR State v. Hill

Adam Hill appeals a judgment convicting him of making a bomb threat. He also appeals an order denying postconviction relief. Hill contends that he is entitled to a new trial because he was convicted on the basis of an in-court ...

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99-1964 Booth v. Churner

“When Congress replaced the text of the statute as construed in [McCarthy v. Madigan] with the exhaustion requirement at issue today, it presumably understood that under McCarthy the term ‘effective’ in the former sec. 1997e(a) eliminated the possibility of requiring ...

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00-454 Atkinson Trading Co., Inc. v. Shirley

“Indian tribes are ‘unique aggregations possessing attributes of sovereignty over both their members and their territory,’ but their dependent status generally precludes extension of tribal civil authority beyond these limits… The Navajo Nation’s imposition of a tax upon nonmembers on ...

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00-1570 State v. Polshek

Even though the parents may have known who the abuse reporters were, it was nevertheless an unlawful “disclosure” of the reporters’ identities within the meaning of the statute. “Given the statute’s goal of protecting reporters’ identities, it is appropriate to ...

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00-3350-CR State v. Stormer

Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense. He received a sentence of 60 days in jail with Huber privileges, license revocation for thirty months, and a forfeiture of $1,346.50. The sole issue on appeal ...

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00-2129 State v. Richardson

“After reviewing the written arguments of both parties and the record itself, the sentencing court made the following findings of fact. At the time of sentencing, the contents of the criminal complaint and pre-sentence report could have justified a multi-count ...

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01-0205-CR State v. Farrell

Michael J. Farrell appeals his conviction of operating a motor vehicle while intoxicated (OMVWI). He argues that the circuit court erred in refusing to suppress the results of his blood test. He concludes the circuit court was in error because ...

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