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Year In Review: Important Opinions 2010

A comprehensive listing of the Wisconsin Supreme Court and Wisconsin Court of Appeals published opinions from 2010.

Wisconsin Supreme Court

CIVIL OPINIONS

Business

A franchisee who has materially breached a dealership contract need not repair all harm done to cure the breach.

2008AP1385 Volvo Trucks North America v. DWD

Issue date: March 22, 2010

Full Text

Civil Procedure

Where the defendant’s attorney was not served with the amended complaint, it was error to enter default judgment.

2008AP1494 Miller v. The Hanover Ins. Co.

Issue date: July 19, 2010

Full Text

The Supreme Court has jurisdiction to review any order of the Court of Appeals.

2008AP2440-LV Parker v. Beverly Enterprises, Inc.

Issue date: July 19, 2010

Full Text

Where two entities share offices, have the same registered agent, and the same attorney, a complaint against one relates back to an earlier complaint filed against the other.

2009AP828 Tews v. NHI, LLC

Issue date: Dec. 27, 2010

Full Text

Constitutional Law

Damage to property caused by the government’s removing groundwater from property is not compensable as a taking.

2008AP921 E-L Enterprises, Inc., v. Milwaukee Metropolitan Sewerage District

Issue date: July 12, 2010

Full Text

Article XIII, Section 13 of the Wisconsin Constitution – the marriage amendment – was adopted in conformity with the separate amendment rule in Article XII, Section 1 of the Wisconsin Constitution, which mandates that voters must be able to vote separately on separate amendments.

2008AP1868 McConkey v. Van Hollen

Issue date: July 5, 2010

Full Text

Retroactive application of secs. 102.17(4) and 102.66(1), to shift responsibility for traumatic work injuries from the Work Injury Supplemental Benefit Fund to the employer or insurer, is unconstitutional.

2008AP3135 Society Insurance v. LIRC

Issue date: July 19, 2010

Full Text

The legislature’s transfer of $200 million from the Injured Patients and Families Compensation Fund to the Medical Assistance Trust Fund is unconstitutional.

2009AP728 Wisconsin Medical Society, Inc., v. Morgan

Issue date: July 26, 2010

Full Text

Consumer Protection

In an action under the Wisconsin Consumer Act, an objection to venue must be intentionally waived.

2007AP1253 Brunton v. Nuvell Credit Corp.

Issue date: July 5, 2010

Full Text

Contracts

In a breach of contract claim against a computer consultant, an expert witness is not required to survive summary judgment.

2007AP2861 Racine County v. Oracular Milwaukee, Inc.

Issue date: April 12, 2010

Full Text

An unambiguous merger clause in a term credit agreement bars the admission of parol evidence.

2008AP1845 Town Bank v. City Real Estate Development, LLC

Issue date: Dec. 20, 2010

Full Text

Corporations

Where a corporation’s book value cannot be determined because the corporation’s books do not accurately reflect assets and liabilities, a buy-sell agreement based on book value is unenforceable.

2007AP477 Ehlinger v. Hauser

Issue date: July 5, 2010

Full Text

Employment

A corporation cannot be ordered to reinstate in-house counsel as a remedy for discrimination when front pay is available instead.

2008AP1703 Sands v. Menard, Inc.

Issue date: July 26, 2010

Full Text

Insolvency

Claims under sec. 128.17(2) are claims against property of the debtor’s estate, not claims against property of the issuer of the standby letters of credit.

2007AP2791 ADMANCO, Inc., v. 700 Stanton Drive, LLC

Issue date: July 19, 2010

Full Text

Insurance

Even though a driver stopped and inquired whether an insured was injured after an accident, the insured is entitled to UM coverage, where the driver left without leaving information after the insured said he was not hurt.

2008AP919 Zarder v. Humana Ins. Co.

Issue date: May 24, 2010

Full Text

An insured with a deductible for its liability coverage has a cognizable bad faith claim against its insurance company when the company has control over settlement of a third-party claim and engages in bad faith conduct toward the insured, even though the judgment does not exceed the policy limits.

2008AP1303 Roehl Transport, Inc., v. Liberty Mutual Ins. Co.

Issue date: June 28, 2010

Full Text

Even though an insurance policy is an indemnity-only excess umbrella policy that does not promise a defense, the insurer has a duty to defend its insured.

2007AP1868 Johnson Controls, Inc. v. London Market

Issue date: July 5, 2010

Full Text

Section 632.32(4) did not mandate coverage in a situation where the sole alleged tortfeasor was insured and his insurance equaled the level of UM coverage in the injured insured’s policy.

2008AP1324 Blum v. 1st Auto & Casualty Ins. Co.

Issue date: July 19, 2010

Full Text

Health insurers are obligated to pay maternity coverage for surrogate mothers.

2008AP2937 Mercycare Ins. Co. v. Wisconsin Commissioner of Insurance

Issue date: July 26, 2010

Full Text

Juveniles

The obligation of the Department of Health and Human Services to provide supervision implicitly includes assisting the parents to meet the conditions of return of the children.

2008AP3065, 2008AP3066, 2008AP3067, 2009AP136, 2009AP137 & 2009AP138 Sheboygan County Department of Health & Human Services v. Tanya M.B.

Issue date: July 5, 2010

Full Text

Open Records

Government employees’ personal e-mails are not subject to the open records laws.

2008AP967-AC Schill v. Wisconsin Rapids School District

Issue date: July 26, 2010

Full Text

Prisons

Where evidence is inconclusive, and does not contradict evidence in a prison discipline hearing, it is unnecessary to decide whether a prisoner has a right to exculpatory evidence.

2006AP948 Jackson v. Buchler

Issue date: Dec. 20, 2010

Full Text

Property

A master-planned community is not subject to the Condominium Ownership Act.

2008AP10 Solowicz v. Forward Geneva National

Issue date: March 29, 2010

Full Text

A court has discretion to order specific performance when a buyer breaches a contract for the purchase of real property.

2008AP1735 Ash Park, LLC v. Alexander & Bishop, Ltd.

Issue date: June 14, 2010

Full Text

Where a residential lease does not unambiguously make the tenant liable for damage caused by any act of the tenant, the landlord is responsible pursuant to sec. 704.07.

2008AP1700 Maryland Arms Limited Partnership v. Connell

Issue date: July 12, 2010

Full Text

Summary judgment is improper where it is unclear whether an easement was intended to convey riparian rights.

2008AP1546 Konneker v. Romano

Issue date: July 12, 2010

Full Text

A mortgagee foreclosing under the shortened redemption period provided for by sec. 846.103(2) does not forfeit the right to obtain a judgment against a guarantor of payment even though it must waive its right to collect any deficiency from the debtor.

2008AP912 Bank Mutual v. S.J. Boyer Construction, Inc.

Issue date: July 19, 2010

Full Text

Unless a conveyance states otherwise, an easement is transferable.

2008AP1144 Borek Cranberry Marsh, Inc., v. Jackson County

Issue date: July 26, 2010

Full Text

Where an easement grants a means of access to enjoy the servient property, the easement cannot be used to access other property.

2008AP2028 Grygiel v. Monches Fish & Game Club, Inc.

Issue date: July 26, 2010

Full Text

Tax

Sales of admission to concerts performed by the Milwaukee Symphony Orchestra are subject to sales tax.

2008AP1684 Milwaukee Symphony Orchestra, Inc., v. Wisconsin Department of Revenue

Issue date: May 10, 2010

Full Text

The developer is liable for declared, but unbuilt, condominium units.

2007AP2886 The Saddle Ridge Corp. v. Board of Review for Town of Pacific

Issue date: June 28, 2010

Full Text

Torts

The owner of a home is strictly liable for injuries caused by a dog that belongs to her housemate.

2007AP2651 Pawlowski v. American Family Mut. Ins. Co.

Issue date: Jan. 4, 2010

Full Text

Where an attorney bought property from former clients without informing them that the contract would benefit him and potentially disadvantage them, the attorney breached the fiduciary duty, and rescission is appropriate.

2008AP787 Groshek v. Trewin

Issue date: July 5, 2010

Full Text

Where a government employee disregarded specific instructions, the ministerial duty exception to governmental immunity applies.

2008AP89 Pries v. McMillon

Issue date: July 12, 2010

Full Text

Where a city made no express guarantees they would remedy a construction defect, the 10-year builders statute of repose bars liability.

2008AP2812 Hocking v. City of Dodgeville

Issue date: July 12, 2010

Full Text

A negligence claim based on failure to warn is barred by the general rule that an employer is not liable in tort for injuries sustained by an independent contractor’s employee while he or she is performing the contracted work.

2008AP170 Tatera v. FMC Corp.

Issue date: July 26, 2010

Full Text

Trusts and Estates

The burden of paying state and federal taxes on nonprobate assets is on the estate.

2009AP1021 Estate of Sheppard v. Schleis

Issue date: May 10, 2010

Full Text

CRIMINAL OPINIONS

Constitutional Law

Due process does not require a finding of dangerousness to issue an order compelling involuntary medication of a person committed under Chapter 971.

2007AP2767-CR State v. Wood

Issue date: March 29, 2010

Full Text

Criminal Procedure

Under sec. 971.19(12), venue for an action against a public official alleging misconduct in public office is in the county where the defendant resides.

2008AP552-CR State v. Jensen

Issue date: May 31, 2010

Full Text

A circuit court must review a plea agreement independently and may, if it appropriately exercises its discretion, reject any plea agreement that does not, in its view, serve the public interest; and the court need not recuse itself after doing so.

2008AP755-CR State v. Conger

Issue date: July 5, 2010

Full Text

Where a defendant did not validly waive his right to counsel, the circuit court could not violate his right to self-representation.

2008AP1521-CR State v. Imani

Issue date: July 12, 2010

Full Text

A reasonable observer’s perception of a court’s comments are not indicative of whether the court improperly relied on race or gender.

2008AP810-CR State v. Harris

Issue date: July 19, 2010

Full Text

Indigent defendants do not have a right to reject appointed counsel in favor of substitute counsel.

2008AP2342-CR State v. Jones

Issue date: July 19, 2010

Full Text

Where a defendant is told that he faces a maximum possible sentence that is higher, but not substantially higher, than that authorized by law, the circuit court has not violated the plea colloquy requirements, and the defendant is not entitled to an evidentiary hearing on whether his plea was knowingly entered.

2009AP3-CR State v. Cross

Issue date: July 19, 2010

Full Text

Wisconsin circuit courts do not have the inherent authority to order a new trial in the interest of justice when a case is not before the court under a proper procedural mechanism.

2008AP697 State v. Henley

Issue date: July 26, 2010

Full Text

A defendant may not raise issues in a subsequent sec. 974.06 motion that he could have raised in response to a no-merit report, absent a sufficient reason for failing to raise the issues earlier in the no-merit appeal.

2007AP795 State v. Allen

Issue date: July 26, 2010

Full Text

A juvenile may not offer evidence in the reverse waiver hearing for the purpose of contradicting the offense charged.

2007AP2827-CRAC State v. Kleser

Issue date: July 26, 2010

Full Text

It did not violate due process to charge a defendant with a crime roughly 36 years after the alleged offenses.

2007AP2711-CR State v. McGuire

Issue date: July 26, 2010

Full Text

Convictions for both first-degree reckless homicide by delivery of a controlled substance and contributing to the delinquency of a child with death as a consequence are not multiplicitous.

2008AP1968-CR State v. Patterson

Issue date: Nov. 22, 2010

Full Text

Evidence

Where evidence that a child had previously been sexually assaulted would not be admissible, it was not ineffective assistance of counsel for the attorney not to attempt to present the evidence.

2008AP1185-CR State v. Carter

Issue date: May 31, 2010

Full Text

It was error to permit a defendant to introduce allegedly false prior accusations of sexual assault by the complainant.

2008AP652-CR State v. Ringer

Issue date: July 19, 2010

Full Text

Motor Vehicles

It does not violate a defendant’s right to present a defense to exclude admission of a preliminary breath test.

2007AP1898-CR State v. Fischer

Issue date: Feb. 8, 2010

Full Text

Prior suspensions of a driver’s operating privilege under another state’s ‘zero tolerance’ law are convictions within the meaning of secs. 343.307(1)(d) and 340.01(9r).

2008AP3144-CR State v. Carter

Issue date: Dec. 13, 2010

Full Text

Search and Seizure

An officer cannot search a cell phone without a warrant, but if he has probable cause, he may answer incoming calls.

2007AP1378-CR State v. Carroll

Issue date: Feb. 8, 2010

Full Text

A court order authorizing the installation and monitoring of a GPS tracking device on a vehicle constitutes a valid warrant.

2008AP658-CR State v. Sveum

Issue date: July 26, 2010

Full Text

Although the officers’ entry was unlawful, the fruits of a subsequent search are admissible, where the suspect voluntarily gave officers consent to search.

2008AP880-CR State v. Artic

Issue date: July 26, 2010

Full Text

The exclusionary rule bars the use of evidence obtained by a law enforcement officer in his execution of an arrest warrant that was void from the beginning because the warrant had no basis in fact or law.

2008AP2231-CR State v. Hess

Issue date: July 26, 2010

Full Text

Police officers’ warrantless entry into an apartment and subsequent search was supported by probable cause and justified by exigent circumstances when the officers corroborated three of the four details relayed by an anonymous informant, knocked and announced their presence, and immediately heard footsteps running from the door.

2008AP266-CR State v. Robinson

Issue date: July 26, 2010

Full Text

Officers legally entered a home pursuant to their community caretaker function, where the door was open, no one answered, and two people were sleeping on the floor next to cocaine.

2008AP1204-CR State v. Pinkard

Issue date: July 26, 2010

Full Text

The good faith exception precludes application of the exclusionary rule where officers conduct a search in objectively reasonable reliance upon clear and settled Wisconsin precedent that is later deemed unconstitutional by the United States Supreme Court.

2007AP1894-CR State v. Dearborn

Issue date: July 26, 2010

Full Text

When a search incident to arrest is conducted by law enforcement officers who act in objectively reasonable reliance on clear and settled precedent authorizing that search, but the search is later declared unconstitutional, the remedy of exclusion does not apply to bar admission of the illegally obtained evidence.

2007AP900-CR State v. Littlejohn

Issue date: July 26, 2010

Full Text

Sentencing

A defendant can constitutionally be required to register as a sex offender even though his underlying conviction is not of a sexual nature.

2008AP1011 State v. Smith

Issue date: March 29, 2010

Full Text

Where a defendant was in custody in another state in connection with the course of conduct for which he is sentenced in Wisconsin, he is entitled to sentence credit.

2006AP1811-CR State v. Carter

Issue date: July 19, 2010

Full Text

Sexually Violent Persons

Section 980.09 requires the circuit court to follow a two-step process in determining whether to hold a discharge hearing, when a sexually violent person petitions for discharge.

2008AP52 State v Arends

Issue date: June 21, 2010

Full Text

Wisconsin Court of Appeals

CIVIL PUBLISHED

Business Law

A receiver’s cause of action against two officers/owners of a now-insolvent business for breaching their fiduciary duties to the corporation must be dismissed under Beloit Liquidating Trust v. Grade, 2004 WI 39, because the business was still a going concern during the time of the alleged misconduct.

2007AP203 Polsky v. Virnich and Moores

Issue date: Feb. 8, 2010

Full Text

Civil Procedure

An order stating that it is final for purposes of appeal is the final disposition.

2009AP2368 Black v. City of Kenosha Housing Authority

Issue date: Jan. 11, 2010

Full Text

Issue preclusion does not apply where the previous lawsuit involved other parties and claims.

2009AP540 Flooring Brokers, Inc., v. Florstar Sales, Inc.

Issue date: Feb. 15, 2010

Full Text

Where a plaintiff attempted to obtain a defendant’s address from his attorney and family friend, hired two private investigators, and tried national clearinghouses, before publishing service under Chapter 985, the plaintiff was reasonably diligent in attempting service, and it was error to dismiss the complaint.

2009AP747 Loppnow v. Bielik

Issue date: April 12, 2010

Full Text

Where requests for admissions were only two months overdue when a party moved to withdraw the admissions, the opposing party was not prejudiced, and the trial court should have permitted withdrawal.

2009AP838 Rivera v. Perez

Issue date: June 28, 2010

Full Text

The partial dismissal of a prisoner lawsuit does not count as a strike for purposes of the three-strike provision contained in sec. 801.02(7)(d) of the Wisconsin Prisoner Litigation Reform Act.

2009AP1850 State of Wisconsin ex rel. Henderson v. Raemisch

Issue date: Aug. 2, 2010

Full Text

Although an auto accident occurred in Wisconsin, Minnesota law governs the issue of insurance coverage where the policy was issued in Minnesota.

2009AP483 Kender v. Auto Owners Ins. Co.

Issue date: Aug. 16, 2010

Full Text

When a client believes an attorney has consented to arbitration without authorization, it is the client’s burden to show that the action was unauthorized.

2009AP1264 D&D Carpentry, Inc., v. U.S. Bancorp

Issue date: Aug. 23, 2010

Full Text

An arbitration agreement that provides for continuing jurisdiction of the arbitration board does not conflict with sec. 788.09.

2009AP2415 Sewart v. Silvercryst Limited, Inc.

Issue date: Sept. 20, 2010

Full Text

It was not an abuse of discretion not to preclude an insurer from contesting coverage as a sanction for not producing the policy in response to discover requests.

2009AP1321 Zarnstorff v. Neenah Creek Custom Trucking

Issue date: Oct. 25, 2010

Full Text

Where the plaintiff named the wrong defendant, and the trial court permitted the plaintiff to amend the complaint and then immediately entered default judgment, the judgment must be reversed.

2009AP2549 Johnson v. Cintas Corp. No. 2

Issue date: Nov. 22, 2010

Full Text

A court’s subject matter jurisdiction is not affected by its errors of law.

2008AP2587 & 2009AP739 Dustardy H. v. Bethany H.

Issue date: Dec. 27, 2010

Full Text

Civil Rights

Where a police department released a statement of emergency detention to the subject’s employer, it violated sec. 51.30(4).

2009AP1924 Milwaukee Deputy Sheriff’s Association v. City of Wauwatosa

Issue date: June 21, 2010

Full Text

A recipient of rent assistance cannot sue under Section 1983 after termination of her benefits without first seeking certiorari review.

2009AP1656 Collins v. City of Kenosha Housing Authority

Issue date: July 26, 2010

Full Text

Constitutional Law

Even though a notice denying housing assistance stated the denial was the result of a disorderly conduct citation, the notice was inadequate.

2009AP2204 Bratcher v. Housing Authority of the City of Milwaukee

Issue date: June 14, 2010

Full Text

Consumer Protection

Where a motor vehicle dealer made so many modifications that the manufacturer’s warranty did not cover the vehicle, and the buyer alleges he was told it would be covered by warranty, summary judgment was improperly granted on the buyer’s sec. 100.18 claim against the dealer.

2009AP617 Goudy v. Yamaha Motor Corp., USA

Issue date: March 29, 2010

Full Text

An arbitration provision that prohibits a consumer from proceeding as part of a class is substantively unconscionable.

2009AP760 Cottonwood Financial, Ltd., v. Estes

Issue date: May 31, 2010

Full Text

Contracts

Where a patient signed a form acknowledging that no guarantees have been made to him, he cannot sue the doctor for failure to cure his pain.

2009AP544 VanHierden v. Swelstad

Issue date: Jan. 11, 2010

Full Text

In a breach of contract action by a law firm, a summary judgment motion stating that the firm was retained, and sent regular itemized bills, which were not paid is sufficient to warrant summary judgment.

2009AP1247 Simandl & Murray, S.C., v. Mainstreet Homes, LLC

Issue date: May 31, 2010

Full Text

A contract for performance of a personal service is precluded by the party’s death.

2009AP1307 Ryan v. Estate of Sheppard

Issue date: July 19, 2010

Full Text

Even though a lender accepted repayment, it is not barred from enforcing a prepayment penalty, where the borrower sent a letter reserving its right to contest the provision and then did contest it.

2009AP2721 BVB1, LLC v. Investors Bank

Issue date: Nov. 1, 2010

Full Text

Dealerships

In determining whether the Wisconsin Fair Dealership Law applies, it is not relevant whether the dealer was able to find another supplier after termination of the relationship.

2009AP1731 The Water Quality Store, LLC, v Dynasty Spas, Inc.

Issue date: July 26, 2010

Full Text

Debtor-Creditor

Possession is critical to the existence of a livestock lien.

2009AP1722 Premier Community Bank v. Schuh

Issue date: Aug. 2, 2010

Full Text

Punitive damages are not recoverable under the Uniform Fraudulent Transfers Act.

2009AP2420 C & A Investments v. Kelly

Issue date: Oct. 25, 2010

Full Text

Circuit courts and court commissioners have authority under secs. 816.03 and 816.06 to require a third-party company sharing common ownership with a judgment debtor to submit to a supplemental examination.

2009AP3029 Crown Castle USA, Inc., v. Orion Construction Group, LLC

Issue date: Dec. 13, 2010

Full Text

Employment

The training reimbursement provisions of an apprenticeship agreement is severable from an unenforceable non-compete provision.

2009AP939 Frank D. Gillitzer Electric Co., Ltd., v Andersen

Issue date: Jan. 25, 2010

Full Text

Where a factual dispute exists whether an employer terminated an at-will employee to avoid paying accrued benefits, summary judgment was improperly granted the employer on the employee’s wrongful termination claim.

2009AP246 Phillips v. U.S. Bank, N.A.

Issue date: Feb. 8, 2010

Full Text

The reasonable cause standard in sec. 102.35(3) does not require employers to deviate from a facially reasonable and uniformly applied policy, or explain why it would be burdensome to do so, when a returning employee requests the deviation to accommodate a non-work and non-injury-related personal need.

2009AP564 deBoer Transportation, Inc., v. Swenson

Issue date: April 5, 2010

Full Text

Section 103.455 does not apply to termination of an employee who was mistakenly overpaid, and did not notify the employer.

2009AP2429 Farady-Sultze v. Aurora

Issue date: June 7, 2010

Full Text

A covenant not to compete that is contained in a stock option is not subject to sec. 103.465, but must instead be evaluated according to the rule of reason.

2009AP1353 The Selmer Company v. Rinn

Issue date: July 19, 2010

Full Text

An employer seeking to rebut a claimant’s prima facie odd-lot case need not produce evidence it disclosed to prospective employers the claimant’s age, disability, and other facts about the claimant, or show that the employer referred the claimant to prospective employers with specific job openings actually available.

2009AP1877 Cargill Feed Division v. LIRC

Issue date: Aug. 9, 2010

Full Text

Injuries incurred at work are not self-inflicted, although the tasks performed that caused them exceeded the employee’s work restrictions.

2009AP2594 Pick ‘N Save Roundy’s v. LIRC

Issue date: Aug. 30, 2010

Full Text

An employer paying the medical expenses of an employee in institutional care can be required to pay the costs of transfer to a residential setting, even if it is not medically necessary.

2009AP1628 LaBaree v. LIRC

Issue date: Oct. 11, 2010

Full Text

An in-home caregiver providing services under the long-term support community options waiver program is an employee of the County for worker’s compensation purposes.

2009AP1845 County of Barron v. LIRC

Issue date: Oct. 25, 2010

Full Text

The right to rebut the report of an independent medical examiner does not include the right to cross-examination.

2010AP208 Aurora Consolidated Health Care v. LIRC

Issue date: Dec. 6, 2010

Full Text

Environmental Law

The DNR is entitled to great weight deference in interpreting the Clean Air Act and federal regulations administering the Act.

2009AP648 Sierra Club v. DNR

Issue date: July 5, 2010

Full Text

Evidence

In an action to recover credit card debt by a debt collector who purchased the account, the testimony of a representative of the debt collector that the account statements were accurate is inadmissible hearsay.

2009AP482 Palisades Collection LLC v. Kalal

Issue date: Feb. 15, 2010

Full Text

Family

Where one parent is deceased, the family is not intact, and a court can order grandparent visitation.

2009AP40 Rick v. Opichka

Issue date: Jan. 18, 2010

Full Text

Pension payments must be treated as part of the marital estate, subject to a presumptive 50/50 division.

2009AP852 In re the Marriage of: Kelly v. Kelly

Issue date: March 22, 2010

Full Text

A court lacks the authority under sec. 767.451(3) to sua sponte modify a physical placement order.

2009AP94 In re the Marriage of: Stumpner v. Cutting

Issue date: April 19, 2010

Full Text

A losing party is not entitled to a reduction in attorney’s fees for time spent on unsuccessful claims, if the winning party achieved substantial success and the unsuccessful claims were brought and pursued in good faith.

2009AP2241 Rand v. Rand

Issue date: July 5, 2010

Full Text

The former same-sex partner of a child’s parent is not a parent for purposes of guardianship.

2009AP720 & 2009AP721 Wendy M. v. Helen E.K.

Issue date: July 5, 2010

Full Text

Salable professional goodwill is not excluded from divisible property.

2009AP639 McReath v. McReath

Issue date: Aug. 9, 2010

Full Text

In a protective placement trial, it violated the respondent’s rights to remove him from court for disruptive behavior without warning him first that he could be removed.

2009AP804 Jefferson County v. Joseph S.

Issue date: Dec. 6, 2010

Full Text

It was not an abuse of discretion, after awarding guardianship of a child to the child’s grandmother, to decline to address the mother’s request for visitation.

2010AP363 Stephen R. v. Ilana C.

Issue date: Dec. 13, 2010

Full Text

A court cannot reduce child support to compensate for amounts the payor provided to the payee’s child from a previous marriage.

2009AP1202 In re the Marriage of: Ladwig v. Ladwig

Issue date: May 24, 2010

Full Text

Insurance

The insurer of a child’s father is not liable to the child’s mother for wrongful death of the child.

2008AP2929 Day v. Allstate Indemnity Co.

Issue date: April 19, 2010

Full Text

An insurer does not waive its subrogation rights by going to arbitration.

2009AP1669 Fischer v. Steffen

Issue date: May 3, 2010

Full Text

An insured’s notice of a claim to its insurers was not untimely when, at the time the claim arose, it was not an insured occurrence under Wisconsin law.

2009AP286 Westport Ins. Co. v. Appleton Papers, Inc.

Issue date: June 14, 2010

Full Text

The father of a stillborn fetus can sue the mother for negligence in a car accident that caused the death.

2009AP1993 Tesar v. Anderson

Issue date: Aug. 9, 2010

Full Text

When an insurer forgoes a reservation of rights and exclusively controls the defense of a lawsuit, obtaining a result to the detriment and prejudice of the insured, it is barred from denying coverage.

2009AP2176 Maxwell v. Hartford Union High School District

Issue date: Aug. 30, 2010

Full Text

The loss of a third party’s personal property, not necessary to work being done by an insured, is not excluded from coverage by a care, custody, or control exclusion.

2009AP2810 Accola v. Fontana Builders, Inc.

Issue date: Sept. 27, 2010

Full Text

Once rain strikes the ground, it becomes surface water within the meaning of an insurance policy’s exclusion of coverage for water damage.

2010AP16 American Family Mut. Ins. Co. v. Schmitz

Issue date: Oct. 25, 2010

Full Text

Bat guano is not a pollutant under a homeowner’s policy’s pollution exclusion clause.

2009AP2768 Hirschhorn v. Auto-Owners Ins. Co.

Issue date: Oct. 25, 2010

Full Text

An insurer must present evidence that a tractor is designed to be operated on public roads to include it within a motor vehicle exclusion.

2009AP2385 Olson v. Farrar

Issue date: Nov. 29, 2010

Full Text

A CGL policy with an automobile exclusion does not cover negligent entrustment of an automobile.

2010AP441 Flejter v. West Bend Mut. Ins. Co.

Issue date: Nov. 29, 2010

Full Text

A CGL policy does not provide coverage for volitional acts of negligent misrepresentation.

2009AP2266, et al. Doe v. Archdiocese of Milwaukee

Issue date: Nov. 29, 2010

Full Text

An insurance exclusion that excludes coverage for insureds and other persons who reside on the insured premises is not ambiguous.

2010AP663 Progressive Northern Ins. Co. v. Olson

Issue date: Dec. 13, 2010

Full Text

Juveniles

Where a police officer questioned a juvenile in the squad car on the way to the station, without recording the conversation, her statements must be suppressed.

2009AP3109 State v. Dionicia M.

Issue date: Aug. 30, 2010

Full Text

Labor

Persons civilly committed because they were sexually violent are not covered by the FLSA.

2009AP884 State ex rel. Tran v. Speech

Issue date: April 5, 2010

Full Text

Contentions by County of Milwaukee employees that the County owes them increased vacation benefits under a County ordinance must be first resolved by a grievance under the Association’s collective-bargaining agreement with the County.

2009AP1622 Milwaukee Deputy Sheriffs’ Association v. County of Milwaukee

Issue date: July 12, 2010

Full Text

Multiple acts by a union, none of which is arbitrary individually, cannot be considered arbitrary in the aggregate.

2009AP1524 SEIU v. WERC

Issue date: Aug. 30, 2010

Full Text

An arbitration decision that a county violated the union’s collective bargaining agreement by reducing work hours is not void.

2010AP535 Milwaukee District Council 48 v. Milwaukee County

Issue date: Dec. 27, 2010

Full Text

Medical Malpractice

In a claim alleging negligence in the duty to provide informed consent, the rule remains that a physician must disclose what … a reasonable person in the patient’s position [would] want to know in order to make an intelligent decision with respect to the choices of treatment or diagnosis; and we reject PIC’s assertion that the Wisconsin Injured Patients and Families Compensation Fund should be responsible for paying its pro rata share of the taxable costs and interest based on its share of the judgment, because the plain meaning of WIS. ADMIN. CODE §INS 17.35 (Mar. 2010) and WIS. STAT. ch. 655 obligate PIC to pay all of the judgment interest in this case.

2008AP001972 Jandre v. PIC, et al.

Issue date: Oct. 4, 2010

Full Text

Municipalities

Under sec. 82.21(2), when towns act together to determine whether to approve or deny a petition to lay out, alter, or discontinue a town highway, the total votes cast must be counted together to determine the result.

2009AP120 Dawson v. Town of Jackson

Issue date: Jan. 11, 2010

Full Text

An erosion control inspection fee of seven dollars per one thousand square feet is reasonable.

2009AP1042 Edgerton Contractors, Inc., v. City of Wauwatosa

Issue date: Feb. 22, 2010

Full Text

A plaintiff alleging a municipality violated the state antitrust laws need not file a notice of claim pursuant to sec. 893.80(1) before filing suit.

2009AP775 E-Z Roll Off, LLC v. County of Oneida

Issue date: May 17, 2010

Full Text

A municipality’s assurance that it will assume responsibility for maintaining a drainage system is not grounds to allow dissolution of a drainage district.

2009AP556 Town of Stiles v. Stiles/Lena Drainage District

Issue date: June 28, 2010

Full Text

Where a municipal ordinance requires developers to pay impact fees and provides an appeal process, developers must use that process before filing suit to challenge the fees.

2009AP2166 St. Croix Home Builders Association, Inc., v. Township of Oak Grove

Issue date: June 28, 2010

Full Text

The Livestock Facilities Siting Review Board has authority to approve, reverse in whole, or reverse in part, a municipality’s approval of an expanded livestock facility.

2009AP608 Adams v. State of Wisconsin Livestock Facilities Siting Review Board

Issue date: July 5, 2010

Full Text

Natural Resources

The DNR reasonably construed and applied its own regulations regarding abandonment of property and replacement public access to navigable waters, and it did not violate the public trust doctrine.

2008AP2537 Citizens for U INC., et al. v. DNR, et al.

Issue date: Feb. 1, 2010

Full Text

The DNR has authority to determine whether provisions within a state-issued wastewater discharge permit comply with federal law.

2008AP3235 Andersen v. DNR

Issue date: April 19, 2010

Full Text

The DNR’s BACT limits for sulfur dioxide and nitrogen oxide emissions is reasonable.

2009AP648 Sierra Club v. DNR

Issue date: May 24, 2010

Full Text

Where the DNR did not consider an affidavit that contradicted other information at its disposal, in deciding whether to authorize a middling well, the DNR misused its discretion.

2008AP3170 Lake Beulah Management Dist. v. DNR

Issue date: June 21, 2010

Full Text

The DNR’s authority over wells preempts ordinances by local sanitary districts.

2009AP2021 Lake Beulah Management District v. Village of East Troy

Issue date: Aug. 30, 2010

Full Text

Property

In calculating whether a deck within a shoreland setback area exceeds 200 square feet, only that part of the deck within the setback is counted.

2009AP209 Propp v. Sauk County Board of Adjustment

Issue date: Jan. 18, 2010

Full Text

Pre-existing easement rights may be considered by a jury when determining just compensation in a condemnation action under sec. 32.06(10).

2009AP1008 Fields v. ATC, LLC

Issue date: March 22, 2010

Full Text

Where property owners have mistakenly assumed for a century that a road is the property line between adjacent properties, that boundary is established by the doctrine of acquiescence.

2009AP1559 Northrop v. Opperman

Issue date: May 17, 2010

Full Text

Hunting does not constitute open, notorious, visible, exclusive, and hostile use of property enabling the hunter to obtain title by adverse possession.

2009AP757 Peter H. & Barbara J. Steuck Living Trust v. Easley

Issue date: May 24, 2010

Full Text

Where closing documents plainly stated that a mortgage was a second mortgage, it does not have priority over the first mortgage.

2009AP669 & 2009AP1878 First Bank of Highland Park v. Summer Haven, LLC

Issue date: May 24, 2010

Full Text

A circuit court has the discretionary authority to modify or terminate easements when it is impossible to accomplish their primary purpose.

2009AP1178 Mnuk v. Harmony Homes, Inc.

Issue date: Aug. 9, 2010

Full Text

Where property owners accept a negotiated offer under sec. 32.06(2a), and then successfully litigate for a higher award, they are not entitled to litigation expenses.

2009AP2784 Klemm v. American Transmission Co., LLC

Issue date: Aug. 16, 2010

Full Text

A landowner cannot challenge a taking by the DOT in an eminent domain proceeding on the grounds that the proposed road is unsafe.

2009AP1615 Kauer v. DOT

Issue date: Sept. 13, 2010

Full Text

Evidence concerning environmental contamination and remediation is admissible in an eminent domain proceeding.

2009AP1557 260 North 12th Street, LLC, v. DOT

Issue date: Sept. 20, 2010

Full Text

In a foreclosure action, the notice requirements in sec. 846.165(1) do not apply when the defendant failed to appear.

2009AP2273 Wells Fargo Bank, N.A., v. Biba

Issue date: Sept. 27, 2010

Full Text

A clerk of circuit court needs to comply strictly with the notice requirements in sec. 32.06(8) in order to commence the sixty-day time limit for an appeal pursuant to sec. 32.06(10).

2009AP2583 Dahir Lands, LLC, v. American Transmission Co, LLC

Issue date: Nov. 22, 2010

Full Text

Public Health

A person has a primary need for residential custody in § 55.08(1)(a) when the person has a primary need to have someone else exercising control and supervision of the person in the person’s place of residence for the purpose of protecting the person from abuse, financial exploitation, neglect, and self-neglect.

2009AP1997 Jackson County Department of Health & Human Services v. Susan H.

Issue date: June 7, 2010

Full Text

Real Property

Painting a wall can be a misrepresentation under sec. 100.18(1) if it is done to hide evidence that the basement leaked.

2009AP1576 Novell v. Migliaccio

Issue date: May 3, 2010

Full Text

Schools

A resident school district may not limit the number of student transfers to nonresident school districts under sec. 118.51(6).

2010AP829-AC School District of Stockbridge

Issue date: Oct. 4, 2010

Full Text

Sex Offender Registration

A sex offender cannot be convicted of failing to provide his post-release address, where he was unable to locate post-release housing.

2009AP1643-CR State v. Dinkins

Issue date: Nov. 29, 2010

Full Text

Tax

A circuit court cannot declare a property owner exempt from future property taxes.

2009AP2568 Northwest Wisconsin Community Services Agency, Inc., v. City of Montreal

Issue date: July 26, 2010

Full Text

Where a health care facility has set hours that do not include overnight care, it is a doctors’ office and is not exempt from property taxes.

2009AP1469 & 2009AP1470 Covenant Healthcare System, Inc., v. City of Wauwatosa

Issue date: Aug. 16, 2010

Full Text

Where there is no evidence that real estate transactions were sale-leasebacks, the transactions were admissible in determining the fair market value of the properties.

2009AP2775 Great Lakes Quick Lube LP vs. City of Milwaukee

Issue date: Dec. 20, 2010

Full Text

Torts

The trial court properly dismissed plaintiff’s defamation cause of action on the basis that the statute of limitations barred her claims, even though defendant allegedly posted defamatory material to a Web site that can still be accessed.

2009AP596 Ladd v. Uecker

Issue date: Feb. 1, 2010

Full Text

Making an audio recording of neighbors is not invasion of privacy if the microphone is placed in the defendants’ own home.

2009AP463 Poston v. Burns

Issue date: May 10, 2010

Full Text

Although a doctor failed to inform a patient that a tumor was cancerous, the five-year statute of repose runs from that date, and not when the patient discovered the failure.

2009AP2965 Pagoudis v. Korkos

Issue date: May 31, 2010

Full Text

The statute of limitations for malicious prosecution is two years.

2009AP1319 Turner v. Sanowski

Issue date: June 28, 2010

Full Text

The defendant’s notice of a dangerous condition is not required for a safe place claim.

2009AP2111 Gennrich v. Zurich American Ins. Co.

Issue date: July 26, 2010

Full Text

A subcontractor working on a government project is entitled to immunity where it conformed to the approved specifications.

2009AP2297 Bronfeld v. Pember Companies, Inc.

Issue date: Oct. 11, 2010

Full Text

Unless the presumption in Rule 908.03(6m)(bm) has been rebutted, medical bills are sufficient to prove past damages.

2010AP28 Correa v. Leavitt

Issue date: Nov. 29, 2010

Full Text

A claim that a probation agent negligently supervised a probationer was properly dismissed.

2010AP577 Broome v. State of Wisconsin Department of Corrections

Issue date: Dec. 6, 2010

Full Text

An insurance exclusion that excludes coverage for insureds and other persons who reside on the insured premises is not ambiguous.

2010AP663 Progressive Northern Ins. Co. v. Olson

Issue date: Dec. 13, 2010

Full Text

Section 26.21 does not mandate that double damages be awarded in situations where a private owner’s property is destroyed by a forest fire which occurred though negligence.

2010AP355 Heritage Farms, Inc., v. Markel Ins. Co.

Issue date: Dec. 13, 2010

Full Text

Trusts and Estates

Where the petitioner for formal administration of an estate failed to move the case forward, the court properly found the conduct egregious, but dismissal of the petition without prior notice violated due process.

2009AP1591 Theis v. Short

Issue date: July 12, 2010

Full Text

CRIMINAL PUBLISHED

Armed Robbery

Where a bank robber implied he had a gun in his pocket, the evidence was sufficient to support a conviction for armed robbery.

2009AP708-CR State v. Rittman

Issue date: March 1, 2010

Full Text

Child Enticement

When there is evidence that a defendant had an intention to take a child to a place that is partially screened or hidden from view, a jury may find that it is with the purpose to take the child away from public safety.

2009AP559-CR State v. Pask

Issue date: April 5, 2010

Full Text

Child Pornography

Individuals who purposely view digital images of child pornography on the Internet, even though the images are not found in the person’s computer hard drive, nonetheless knowingly possess those images in violation of sec. 948.12(1m).

2008AP1763-CR State v. Mercer

Issue date: April 5, 2010

Full Text

Criminal Procedure

The Sixth Amendment does not prohibit police from questioning someone represented by an attorney on criminal charges without the attorney present.

2008AP3007-CR State v. Forbush

Issue date: Jan. 4, 2010

Full Text

Where the defendant’s attorney failed to obtain evidence that the defendant did not have herpes, and whether he had herpes was a central component of the case, he is entitled to a new trial.

2009AP645-CR State v. Jeffrey A.W.

Issue date: Jan. 18, 2010

Full Text

The trial court’s failure to conduct a colloquy to determine that a defendant is knowingly waiving his right to testify does not require a new trial.

2009AP516-CR State v. Garcia

Issue date: Jan. 18, 2010

Full Text

Admission of a witness’ testimony given at an ex parte hearing where neither the defendant nor his attorney was present was improper.

2009AP378-CR State v. Carter

Issue date: Feb. 22, 2010

Full Text

A prosecutor did not breach a plea agreement that he recommend unspecified prison time, even though he referenced the specific time recommendation contained in the presentence investigation report.

2009AP958-CR State v. Duckett

Issue date: Feb. 22, 2010

Full Text

It does not violate due process for the prosecutor to replay a witness’ recorded testimony during closing arguments, if the recording was properly admitted during trial.

2009AP83-CR State v. Marinez

Issue date: March 8, 2010

Full Text

Where a suspect waived his right to counsel, the court need not consider whether the officer’s actions constituted interrogation.

2009AP786-CR State v. Reynolds

Issue date: March 22, 2010

Full Text

A guilty plea waives an objection that the State failed to try the defendant within 120 days after her request pursuant to the Interstate Detainer Act.

2008AP2980-CR & 2008AP2981-CR State v. Asmus

Issue date: March 29, 2010

Full Text

Where an informant who had previously worked for the government elicits confessions from a defendant while a cell-mate, but does so not at the government’s direction, but purely in the hope of getting further sentencing consideration, the Sixth Amendment right to counsel is not violated.

2009AP429-CR State v. Lewis

Issue date: April 5, 2010

Full Text

Where the state failed to preserve exculpatory evidence – threatening voice mails from the victim to the defendant – dismissal is an appropriate remedy.

2009AP1684-CR State v. Huggett

Issue date: April 12, 2010

Full Text

The statutory deportation warning must be given at the plea hearing, even if it was earlier given at the arraignment.

2009AP2162 & 2009AP2163 State v. Vang

Issue date: July 12, 2010

Full Text

To institutionalize someone found not guilty by reason of mental disease or defect, a court need not find that the defendant poses a risk of physical property damage, rather than theft of property.

2009AP1822-CR State v. Brown

Issue date: July 12, 2010

Full Text

A defendant need not object to venue prior to trial to be entitled to have a jury instruction on venue.

2009AP1434-CR State v. Schultz

Issue date: July 26, 2010

Full Text

It was ineffective assistance of counsel for a defendant’s attorney not to object to evidence that the defendant exercised his Fourth Amendment rights by refusing to consent to a search.

2009AP1436-CR State v. Banks

Issue date: July 26, 2010

Full Text

Where two felony murder charges both involved property crimes that resulted in death, joinder was proper.

2009AP2256-CR & 2009AP2257-CR State v. Linton

Issue date: Sept. 6, 2010

Full Text

Where a John Doe petition alleges facts sufficient to establish a criminal offense, the John Doe judge must refer it to the district attorney.

2009AP2578-W & 2010AP636-W Naseer v. Miller

Issue date: Sept. 20, 2010

Full Text

Where an intake worker intentionally delayed charging a juvenile until after his 17th birthday, the juvenile was deprived of his due process right to juvenile adjudication.

2009AP1151-CR & 2009AP1152-CR State v. Bergwin

Issue date: Sept. 20, 2010

Full Text

Where the defendant made numerous telephone calls to the victim to dissuade her from testifying against him, admission of her statements to police does not violate the Confrontation Clause.

2009AP1540-CR – 2009AP1543-CR State v. Baldwin

Issue date: Nov. 8, 2010

Full Text

Where a defendant initiated conversation after invoking his right to counsel, his statements are admissible.

2009AP3040-CR State v. Hampton

Issue date: Nov. 8, 2010

Full Text

Where a defendant could not show that evidence had exculpatory value, the State’s destruction of it did not violate his due process rights.

2009AP2658-CR State v. Munford

Issue date: Nov. 22, 2010

Full Text

Arguing inconsistent theories of defense is not ineffective assistance of counsel.

2010AP165-CR State v. Marks

Issue date: Nov. 29, 2010

Full Text

Where the judge failed to remove his daughter-in-law from the jury panel, the defendant is entitled to a new trial.

2010AP445-CR State v. Sellhausen

Issue date: Dec. 6, 2010

Full Text

Eluding an Officer

A defendant can be guilty of eluding an officer even if he was driving to a police station.

2008AP2759-CR State v. Hanson

Issue date: Oct. 11, 2010

Full Text

Evidence

It does not violate the Confrontation Clause to admit dying declarations.

2009AP806-CR State v. Beauchamp

Issue date: Feb. 8, 2010

Full Text

After the state amended a defendant’s charge from first-degree sexual assault of a child to exposing a child to harmful material, the defendant could no longer present expert testimony regarding his psychological profile.

2009AP1249-CR State v. Gonzalez

Issue date: July 12, 2010

Full Text

Evidence tying a bullet or a cartridge to a specific gun is admissible.

2009AP2835-CR State v. Jones

Issue date: Aug. 30, 2010

Full Text

Statements a probationer is compelled to make to a social worker as a condition of probation cannot be used against him at sentencing after revocation.

2009AP3111-CR State v. Peebles

Issue date: Oct. 25, 2010

Full Text

Forgery

Obtaining a controlled substance by fraud can also be charged as a forgery.

2009AP1172-CR State v. Fortun

Issue date: Jan. 25, 2010

Full Text

Motor Vehicle

Where a defendant had two prior OWI convictions on the date of the offense, and his BAC was .048, the state could not amend the charge to operating with a prohibited BAC based on a conviction for OWI that occurred after the date of the offense.

2009AP1990-CR State v. Sowatzke

Issue date: May 31, 2010

Full Text

To have reasonable suspicion to stop a vehicle for illegal window tinting, the officer must have experience differentiating legal from illegal tinting.

2008AP1815-CR & 2008AP1816-CR State v. Conaway

Issue date: Jan. 4, 2010

Full Text

Prior convictions in Michigan for operating while visibly impaired count as prior drunk driving convictions in Wisconsin.

2009AP840-CR State v. Puchacz

Issue date: Jan. 25, 2010

Full Text

Where a driver was following another vehicle within 500 feet with high-beams on, the officer had probable cause to stop him.

2009AP385-CR State v. Tomaszewski

Issue date: March 29, 2010

Full Text

After arresting a suspect for driving while intoxicated, officers are not required to provide him both an alternative test at their expense, and another alternative test at the suspect’s expense.

2009AP3069-CR State v. Batt

Issue date: Oct. 11, 2010

Full Text

Obstructing an Officer

False statements to an officer in one county cannot support a charge of obstructing an officer in a different county.

2009AP1434-CR State v. Schultz

Issue date: Aug. 23, 2010

Full Text

At a sentencing after revocation of probation, the defendant has the burden of rebutting the allegations that led to revocation.

2010AP83-CR State v. Walker

Issue date: Nov. 8, 2010

Full Text

Search and Seizure

When a court assesses the reasonableness of a temporary detention, it may not consider the bare fact that investigating officers know that other officers suspect an individual of involvement in prior criminal behavior because such evidence does not provide specific, articulable facts to which the court can apply the reasonable suspicion standard.

2008AP1514-CR State v. Pickens

Issue date: Jan. 4, 2010

Full Text

Where the defendant’s roommate consented to police seizing a computer and reviewing it for child pornography, the defendant’s Fourth Amendment rights were not violated.

2009AP784-CR State v. Ramage

Issue date: May 24, 2010

Full Text

Officers cannot conduct a search of a vehicle incident to arrest after the driver has been secured and cannot access the interior of the vehicle.

2009AP1367-CR State v. Bauer

Issue date: July 5, 2010

Full Text

Where officers suspected that the defendant had committed a violent crime, they could lawfully search the area near him as an incident to his arrest.

2009AP2831-CR State v. Harrell

Issue date: Aug. 30, 2010

Full Text

Where police officers did not ask to be permitted entry to a suspect’s home, and only said they would get a warrant if he did not come out to talk, there was no constructive entry of the home in violation of the Fourth Amendment.

2009AP3049 City of Sheboygan v. Cesar

Issue date: Dec. 6, 2010

Full Text

Where police would risk the safety of civilians and their own by waiting to get a warrant, a warrantless entry was justified by exigent circumstances.

2009AP2690-CR State v. Ayala

Issue date: Dec. 27, 2010

Full Text

Sentencing

A defendant cannot be given credit against a sentence in another jurisdiction.

2009AP896-CR State v. Brown

Issue date: Feb. 22, 2010

Full Text

The repeal of the sentencing guidelines is retroactive to sentences imposed before repeal.

2009AP1568-CR State v. Barfell

Issue date: March 15, 2010

Full Text

A reconfinement hearing is not a criminal proceeding for the purposes of the right against self-incrimination.

2009AP817-CR State v. Brimer

Issue date: March 22, 2010

Full Text

In calculating whether a defendant is more than four years older than the victim, and thus required to register as a sex offender, the age difference is calculated by time, not age.

2009AP1210-CR State v. Parmley

Issue date: May 31, 2010

Full Text

A motion to vacate a DNA surcharge must be brought within 90 days.

2009AP2089-CR State v. Singleton

Issue date: June 28, 2010

Full Text

Circuit courts do not have authority to reduce a term of probation because of the defendant’s rehabilitation.

2010AP772-CR State v. Dowdy

Issue date: Nov. 1, 2010

Full Text

A motion for sentence modification filed six years after the sentence was untimely.

2009AP1399-CR State v. Nickel

Issue date: Dec. 6, 2010

Full Text

A court may order that a defendant have no contact with someone even if that person was not the victim of the crime.

2010AP905-CR State v. Campbell

Issue date: Dec. 13, 2010

Full Text

Sexually Violent Persons

A sexually violent person seeking supervised release has the burden to show by clear and convincing evidence that the criteria for release are satisfied.

2009AP1132 State v. Rachel

Issue date: March 29, 2010

Full Text

Summary judgment is not permitted in discharge proceedings involving sexually violent persons.

2009AP1232 State v. Allison

Issue date: Aug. 2, 2010

Full Text

In a sexually violent persons trial, the rule of completeness does not require that the jury be informed that, if the respondent were released, his risk of reoffending would be diminished because he would be supervised for 22 years until he is 74 years old.

2009AP2445 State v. Sugden

Issue date: Nov. 29, 2010

Full Text

Stalking

Conduct need not persist over a long period of time to constitute stalking.

2009AP1864-CR State v. Eichorn

Issue date: May 3, 2010

Full Text

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