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Case Digests – WI Court of Appeals

Court Error – Dispositional Order

The State of Wisconsin appeals dispositional orders by the trial court relating to petitions seeking a determination that X.B.A.-S. was a juvenile in need of protection or services (JIPS).

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Jury Selection

The primary issue in this consolidated appeal is whether the Milwaukee County Clerk’s Office (hereinafter, “Clerk’s Office”) failed to randomly select jurors as required by WIS.

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“Educational Malpractice”

Michelle Jauquet, as legal guardian of Alex, appeals from a circuit court order granting Green Bay Area Catholic Education, Inc.’s (GRACE) motion to dismiss her amended complaint for failure to state a claim upon which relief can be granted pursuant to WIS. STAT. § 802.06(2)(a)6. (2019-20).

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Negligence-Duty of Care

Rush appeals the order granting summary judgment in favor of Twin City Fire Insurance Company, Batteries Plus, LLC, and Fred W. Storm, LLC dismissing her complaint alleging negligence and a violation of the safe place statute claims arising out of a slip and fall accident on a sidewalk curb.

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Rental Guaranty – Costs

Barth appeals a small claims judgment for $791.33 entered against her based upon her liability to Home Market Investments, LLC, (HMI) under a Co-Signor Rental Guaranty Agreement (the Guaranty).

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Class Action-Data Breach

Reetz appeals the dismissal of her class action against Advocate Aurora Healthcare, Inc. Reetz alleged negligence, invasion of privacy, breach of contract, breach of implied covenant of good faith and fair dealing, and declaratory relief for Aurora’s actions related to a data breach of personal information from Aurora’s systems.

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Guardianship-Competency

Petitioner appeals the circuit court’s finding that she is incompetent and the resulting order establishing the guardianship of her and of her estate, as well as an order for her protective placement after petitioner fell and her husband suffered a stroke.

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Waiver of Juvenile Court Jurisdiction

M.N., Jr. (“Max”) appeals from a non-final order waiving him into adult court. Max contends that the circuit court erroneously believed that supervision and services for him would end when he reached the age of eighteen.

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Plea Withdrawal –Child Abuse

Hughes appeals her judgment of conviction after she pled guilty to four counts relating to the child abuse and neglect of T.W. and J.W. She also appeals from the order denying her postconviction motion.

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Election Law

Kormanik sued the Wisconsin Elections Commission ("WEC") alleging that two documents provided by the WEC to municipal clerks erroneously interpreted certain election statutes as permitting a clerk to "spoil" an absentee ballot at an elector's request.

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Sufficiency of Evidence

Sanchez Wilson appeals a judgment of conviction entered after a jury found him guilty of first-degree sexual assault of a child, first-degree reckless injury while using a dangerous weapon, and possessing a firearm while a felon.

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Real Estate – Easement Interpretation

Roff appeals from an order declaring as ambiguous an easement for ingress and egress over his property to permit Arvo Eilau and Joyce Dzik (collectively, “Eilau”) access to an island they own that is located offshore from Roff’s property.

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Ineffective Assistance of Counsel

Terrence Jeff Cloyd, Jr., appeals judgments of conviction for multiple drug, weapon possession, and bail jumping charges entered upon guilty pleas in two separate cases; and appeals the two circuit court denials of his postconviction motions without a hearing.

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Termination of Parental Rights

D.W., Jr. appeals the order of the trial court terminating his parental rights to J.W. D.W., Jr. argues that the trial court erroneously exercised its discretion in determining the best interests of J.W. by failing to consider relevant evidence, particularly with regard to D.W., Jr.’s request that a guardian be appointed for J.W. as an alternative to termination.

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Guardianship Termination

L.H. and Cord Williams Klein, as the personal representatives for the Estate of L.H. appeal an order of the trial court terminating the guardianship of L.H. by Easter Seals upon L.H.’s death.

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Ineffective Assistance of Counsel

Brown appeals from a judgment, entered upon his no-contest pleas, convicting him of one count of operating a motor vehicle while intoxicated (OWI), causing injury, as a third offense, and one count of injury by intoxicated use of a motor vehicle.

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Divorce – Child Placement Order Change

Biehl appeals an order increasing Hyde’s physical placement of the parties’ then nearly eight-year-old daughter, which resulted in the parties having equal placement of the child.

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