Quantcast
Home (page 4)

Author Archives: dmc-admin

09-3518 U.S. v. Hudson

SentencingPrior convictions; look-alike drug crimes “Look-alike” drug offenses constitute controlled-substance offenses for sentencing purposes. “The Sentencing Commission frequently makes use of an explicit cross-reference to incorporate one provision or definition into another. See, e.g., U.S.S.G. § 2D1.1 n.3 (drawing the ...

Read More »

2010AP551-CR State v. Schmidt

EvidenceBest evidence rule Kurt Schmidt appeals a judgment of conviction for disorderly conduct. Schmidt argues the conviction is not supported by sufficient evidence. He also asserts the admission of digital copies of voice recordings left on his ex-wife’s answering machine ...

Read More »

2009AP765-CR State v. Webb

Criminal ProcedureRight against self-incrimination Robert Webb appeals a judgment, entered upon a guilty plea, convicting him of repeated first-degree sexual assault of a child, contrary to Wis. Stat. § 948.025(1)(a). Webb argues the conviction unconstitutionally penalizes him for exercising his ...

Read More »

2009AP2906 State v. Jesenia R.

JuvenilesTPR; ineffective assistance Jesenia R. appeals the termination of her parental rights to Elizabeth B., born September 20, 2007. Jesenia R. was born in 1987. She claims that her lawyer gave her ineffective representation in both the grounds phase and ...

Read More »

2009AP1524 SEIU v. WERC

LaborDuty of fair representation Multiple acts by a union, none of which is arbitrary individually, cannot be considered arbitrary in the aggregate. “WERC has never before held that various substantially different actions, none of which are arbitrary individually, can nonetheless ...

Read More »

2010AP182 Godlewski v. Schultz

Civil ProcedureService of process; default judgment The Society of St. Francis (Society), an animal shelter, appeals from a small claims judgment awarding Barbara and George Godlewski $5000 in damages as compensation for Society's role in the loss of their dog. ...

Read More »

Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.

Spinal injuries causally related to accidentPERSONAL INJURY: $425,000 settlementCase name: Frye, et al. v. Liberty Mutual Fire Ins. Co., et al.Injuries claimed: Cervical and lumbar spine disc injuriesCourt: Milwaukee County Circuit CourtCase number: 08CV003124Judge: Hon. Mel FlanaganVerdict & Settlement: Settled ...

Read More »

2009AP1242 State v. Vandenberg

Criminal ProcedureNew trials; interest of justice Cody Vandenberg appeals an order denying his motion for postconviction relief. In 1996, Vandenberg was convicted of armed robbery and attempted first-degree intentional homicide following a trial at which the principal issue was the ...

Read More »

Restrictions on judges upheld

An Aug. 20 opinion from the Seventh Circuit addressing Indiana’s Code of Judicial Conduct effectively immunizes some provisions in Wisconsin’s code from constitutional challenge, as well. Earlier this summer, the court struck down Wisconsin’s ban on judges joining political parties ...

Read More »

2009AP1708 Butler v. Schrieber

TortsIntentional torts; statute of limitations The circuit court dismissed a complaint brought by Paul A. Butler because it was filed after the two-year statute of limitations of Wis. Stat. § 893.57 (2005-06)[1] expired. Butler appeals, and argues that application of ...

Read More »

2009AP2532-CR State v. McAnallen

Search and SeizureFranks motions Joshua McAnallen appeals a judgment convicting him of second-offense possession of THC. He contends the circuit court erred when it denied his motion to suppress evidence seized pursuant to a search warrant and when it denied ...

Read More »

Who’s Doing What

von Briesen & Roper, s.c. announces the addition of six attorneys: Shareholder Jennifer Bolger and Associates Alyssa D. Dowse, Nathan S. Fronk, David P. Knaff, Megan L.W. Jerabek and Rachel N. Schepp. Bolger is a shareholder in the Environmental Law ...

Read More »

2010AP234 Sprague v. Andrews

ContractsQuantum meruit Kevin Andrews appeals a small claims judgment awarding $3,500 plus court costs to Richard Sprague. Andrews argues the court’s award was without any basis in law. We agree and reverse. This opinion will not be published. 2010AP234 Sprague ...

Read More »

09-2715 & 09-2788 U.S. v. Quintero

SentencingAcceptance of responsibility Where a defendant committed perjury in his co-defendant's trial, the government did not breach the plea agreement by refusing to recommend a reduction for acceptance of responsibility. "Quintero lost any hope of an entitlement to a reduction ...

Read More »

2009AP2030-CR State v. Nick J.W.

IncestSufficiency of the evidence Nick J.W. was tried and convicted of incest. The victim was his biological daughter, Delores, who was sixteen years old at the time of the assaults. Nick asserts that the evidence was insufficient to support his ...

Read More »

New iPad app targets jury selection

Jury selection can be an intense task. But a new technology seeks to modernize the traditional pen to pad format of notetaking with a computerized database of juror information that can be updated throughout a trial. The new iJuror application ...

Read More »

2009AP3207-CR State v. Steinke

Motor VehiclesOWI; burden of proof; sufficiency of the evidence David Steinke appeals a judgment of conviction for operating a vehicle with a prohibited alcohol concentration (PAC) of 0.08 or more, second offense, contrary to Wis. Stat. § 346.63(1)(b). He argues ...

Read More »

2009AP2528-CR State v. Franklin

SentencingBias Tarvel Franklin appeals a judgment of conviction for first-degree sexual assault of a child and an order denying his motion for postconviction relief. Franklin argues he is entitled to resentencing because the presentence investigation writer was biased. We reject ...

Read More »

09-3535 Etherly v. Davis

Habeas CorpusRight to remain silent A juvenile suspect's statement was voluntary, despite his age, lack of prior experience with the criminal justice system, and lack of intelligence. "We agree with the Illinois Appellate Court that the interaction with the unidentified ...

Read More »

2009AP3109 State v. Dionicia M.

JuvenilesDelinquency; recording 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. “We conclude it was ‘feasible’ for Kraeger to record his initial interrogation ...

Read More »