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Author Archives: WISCONSIN LAW JOURNAL STAFF

2009AP1752 Worden, et al. v. Injured Patients and Families Compensation Fund, et al.

Torts Medical malpractice; damages Autumn Worden and her parents (Worden) appeal a judgment awarding them damages in a medical malpractice action and an order denying their postverdict motions. Worden argues the jury awarded inadequate damages for her (1) past and future pain and suffering and loss of enjoyment of life, (2) future lost earnings, and (3) parents' ... Subscribe Login ...

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09-3378 Muratoski v. Holder

Immigration Exhaustion Where an alien did not preserve an argument before the BIA, he cannot raise it on appeal. "The government is correct that Muratoski did not exhaust the argument he makes now because he did not raise it in his motion to reconsider. In the motion to reconsider, Muratoski did not contend that the Board misconstrued Section ... Subscribe ...

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10-1726 Guajardo-Palma v. Martinson

Constitutional Law Prisoner mail A prison's violation of a prisoner's right to be present when certain mail is opened, is not a violation of the prisoner's federal civil rights. "[W]e note that all nine letters to the plaintiff that were opened without his being present were from courts or agencies rather than from his lawyer. (None was outgoing ... Subscribe ...

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Who’s afraid of the Restatement (Third) of Torts?

The American Law Institute promulgated the Restatement (Third) of Torts: Product Liability in 1998, but Wisconsin continues to resist its adoption. Our Supreme Court states that the Restatement (Third), at best, represents an unnecessary departure from the strict liability standard set forth by the Restatement (Second) of Torts, and at worst, is a politically motivated attempt to advance the tort reform movement.

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08-2512 & 08-2443 U.S. v. Ellis

Criminal Procedure Double jeopardy Where a defendant never relinquished constructive possession of a firearm, it violated double jeopardy to convict him of two counts of being a felon in possession of a firearm. "[I]t is undisputed that Ellis relinquished actual possession of the second gun after he acquired it from the straw purchaser in June 2005; the important ... Subscribe ...

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2008AP1847-D OLR v. Peiss

Professional Responsibility Suspension Where attorney John H. Peiss had his license in Illinois suspended for one year, reciprocal discipline is appropriate. "After fully reviewing the matter, we adopt the finding gs of fact and conclusions of law set forth in the referee's report. We approve the referee's recommendation and impose the discipline identical to that imposed by the Supreme ... ...

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2009AP2561-CR State v. Hoehne

Motor Vehicles OWI; probable cause Jerome Hoehne appeals a judgment of conviction for operating while intoxicated, third offense, on a plea of no contest following the circuit court's order denying his motion to suppress evidence. The circuit court denied Hoehne's suppression motion on grounds that probable cause existed to stop Hoehne for driving in the center lane ... Subscribe Login ...

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09-3117 U.S. v. Sanders

SORNA Constitutionality Thee Sex Offender Registration and Notification Act's requirement that convicted sex offenders update their registration when they cross a state line is constitutional. "[T]he obligation to register imposed by section 16913 and the criminal penalties imposed by section 2250 on those who cross state lines without complying with their registration obligations are inextricably intertwined, as this ... Subscribe ...

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2010AP1044 City of Tomah v. Pudlow

Motor Vehicles OWI; reasonable suspicion Matthew Pudlow appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OWI) as a first offense, contrary to Wis. Stat. § 346.63(1)(a), and the circuit court's order denying his motion to suppress the evidence of his intoxication. The only issue is whether the ... Subscribe Login ...

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2010AP152 State v. Obriecht

Criminal Procedure Successive appeals Andrew Obriecht appeals a circuit court order that denied reconsideration on a motion for postconviction relief and sentence modification. We affirm. This opinion will not be published. 2010AP152 State v. Obriecht Dist IV, Dane County, Markson, J., Per Curiam Attorneys: For Appellant: Obriecht, Andrew M., pro se; For Respondent: Kaiser, Robert J., Jr., Madison; Lloyd, Katherine ...

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2009AP2537 Kalscheuer v. Wisconsin Department of Transportation

Property Eminent domain; fair market value This is an eminent domain case in which Donald Kalscheur and Joan Kalscheur appeal from the order of the circuit court that dismissed their complaint challenging the valuation of their property. The Kalscheurs argue that the circuit court erred because: (1) the court valued the property on the date of purchase ... Subscribe Login ...

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2009AP2628 In re the marriage of: Radix v. Radix

Family Property division; maintenance Heidi Haugen appeals from a divorce judgment dividing marital property and setting maintenance. Haugen argues that the trial court erroneously exercised its discretion in: (1) valuing the business property awarded to Douglas Radix by allowing depreciation for repairs and the market downturn, while not reducing the value of residential property awarded to Haugen; ... Subscribe Login ...

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

Property Foreclosure; notice In a foreclosure action, the notice requirements in sec. 846.165(1) do not apply when the defendant failed to appear. "It is clear that the notice referred to throughout section 846.165(1) is the notice of the first sentence, namely, the notice that must be 'given to all parties that have appeared in the action' (emphasis added). ... Subscribe ...

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Who’s Doing What

The judges of the Bankruptcy Court for the Eastern District of Wisconsin currently are accepting applications for the position of Clerk of the Bankruptcy Court. This is a high-level management position, responsible for the management of all non-judicial functions and activities of the court. The application deadline is Oct. 1. For more detailed information and application instructions, ... Subscribe Login ...

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Kenneth E. Voss

Kenneth E. Voss Office Address: 13935 Bishop's Drive, Suite 300 Brookfield, WI 53005-6605 Email: [email protected] Telephone: (414) 354-8895 Mobile Phone: (414)-688-8708 Fax: (262) 754-2845 Firm/Personal Website: www.dewittross.com Education: St. Francis Seminary B.A. Marquette University Law School JD Jurisdictions in which licensed to practice: WI Professional Memberships: Wisconsin Bar Association, American Arbitration Association, American Subcontractors Association, STate Bar of Wisconsin, U.S. ...

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Terry F. Peppard

Terry F. Peppard Office Address: PO Box 5101 City: Madison State: WI Zip: 53705 Email: [email protected] Office Phone: 608-233-7799 Fax: 608-233-7799 Firm/Personal Website: www.peppard-adr.com Education: JD & MBA, UW-Madison, BEE (electrical engineering), Marquette University Jurisdictions in which licensed to practice: WIsconsin Professional Memberships: Merican Bar Association, State Bar of Wisconsin, Dane County Bar Association Arbitration Panel Memberships: Fin. Ind. Reg. ...

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Barry W. Szymanski

Barry W. Szymanski Mailing Address: P.O. Box 13483, Milwaukee, WI, 53213-0483 ADR Office Address: 2835 S. Moorland Road, New Berlin, Wisconsin Email: [email protected] Web Site: www.barrywszymanski.com/lawyer Office Telephone: (262) 797.8560 Fax: (262) 784.1051 Law School: Marquette University Law School, J. D., 1973 Licensed to Practice: Wisconsin Professional Memberships: Wisconsin Association of Mediators; Wisconsin State Bar Alternative Dispute Resolution Section, and ...

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Roy E. Wagner

Roy E. Wagner Office Address: 411 E. Wisconsin Ave, Suite 700 City: Milwaukee State: WI Zip: 53202 Email: [email protected] Office Phone: (414) 287-1250 Mobile Phone: (414) 460-3140 Fax: (414) 238-6672 Firm/Personal Website: www.vonbriesen.com Education: J.D. Marquette University, 1978 BA with DIstinction, 1975 Professional Memberships: American Bar Association, State Bar of Wisconsin Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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09-1500, 09-1525, 09-1875 & 09-2431 U.S. v. Pineda-Buenaventura

Criminal Procedure Plea withdrawal Where the defendant demonstrated confusion with the concept of conspiracy, the confusion was never resolved by the district, and it cannot be determined from the colloquy what acts the defendant admitted, his guilty plea did not comply with Rule 11. "We find that the Rule 11 errors that occurred during the plea colloquy in ... Subscribe ...

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2009AP937-CR, 2009AP1869-CR State v. Prouty

Criminal Procedure Plea withdrawal; allocution Scott Prouty pled guilty to three felony counts of injury by intoxicated use of a vehicle and one misdemeanor count of causing injury by operating while intoxicated (OWI). See Wis. Stat. §§ 940.25(1)(a), 346.63(2)(a)1 (2007-08). He appeals pro se from the judgment entered upon those pleas and from the denial of various ... Subscribe Login ...

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2009AP2415 Sewart v. Silvercryst Limited, Inc.

Civil Procedure Arbitration An arbitration agreement that provides for continuing jurisdiction of the arbitration board does not conflict with sec. 788.09. "Silvercryst argues that the arbitration agreement conflicts with Wis. Stat. § 788.09 because the agreement allows for the continuing jurisdiction of the arbitration board. While it is true that a private arbitration agreement cannot violate Wisconsin arbitration ... Subscribe ...

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2009AP1655-CR State v. Roberts

Search and Seizure Reasonable suspicion Norman P. Roberts appeals from a judgment of conviction and an order denying his motion for postconviction relief. Roberts argues on appeal that the circuit court erred when it denied his postconviction motion to suppress evidence. The basis for Roberts' motion was that the evidence was fruit of a stop that an ... Subscribe Login ...

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2009AP2475-CR State v. Nelis

Motor Vehicles OWI; reasonable suspicion Paul Nelis appeals a judgment convicting him of operating with a prohibited alcohol concentration, fifth and subsequent offense, and possession of a controlled substance, as party to a crime. He argues the circuit court should have granted his motion to suppress because the arresting officer stopped his vehicle without reasonable suspicion. We ... Subscribe Login ...

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2009AP2596-CR State v. Allen

Criminal Procedure Request for counsel Robert Allen, Jr., appeals from a judgment of conviction entered after he pled guilty to second-degree reckless homicide, contrary to Wis. Stat. § 940.06(1) (2007-08). On appeal, Allen challenges the trial court's denial of his motion to suppress. He argues that he did not re-initiate communication with police following a request for ... Subscribe Login ...

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2009AP2750-CR State v. Jensen

Criminal Procedure Ineffective assistance; prior convictions David Jensen appeals from an amended judgment of conviction for one count of first-degree sexual assault of a child, and an order denying Jensen's motion for a new trial based on ineffective assistance. Jensen asserts he is entitled to a new trial because the prosecutor compromised the jury's ability to fairly ... Subscribe Login ...

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2009AP2637, 2009AP2976 Brekken v. Knopf, et al.

Torts Negligent failure to control; failure to protect Ann Knopf appeals a summary judgment dismissing her counterclaim against Christopher Brekken and her third-party complaint against Cheryl Brekken in which she sought contribution from Jacob Brekken's parents for failure to supervise Jacob, resulting in Knopf's sexual assault of him. We affirm the summary judgment because Knopf's counterclaim and ... Subscribe Login ...

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