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2009AP1434-CR State v. Schultz
Obstructing an OfficerVenue False statements to an officer in one county cannot support a charge of obstructing an officer in a different county. "We conclude Schultz must be acquitted of obstructing Canfield because the State presented insufficient evidence of venue. The State was required to prove venue in Chippewa County beyond a reasonable doubt. See […]
2009AP1706 Smith, et al. v. Decker, et al.
Civil ProcedureMistrials; attorney fees At issue in this case is whether John A. Weigelt, M.D., and Medical College of Wisconsin, Inc., (collectively, "Weigelt") should be required to pay Charles F. Smith $30,634.40 in costs and attorney fees related to a mistrial that was granted in February 2008. Smith cross-appeals, arguing that Weigelt should have been […]
2010AP1215, 2010AP1216 In re the termination of parental rights to Atrue B., et al.
JuvenilesTPR; best interests Jaquita B. appeals from orders terminating her parental rights to Atrue B. and Imani B. She argues that the trial court erroneously exercised its discretion when it determined that termination of her parental rights was in the children's best interests. We affirm. This opinion will not be published. 2010AP1215, 2010AP1216 In re […]
2009AP3020-CR State v. Yunck
Criminal ProcedureIneffective assistance Sabian L. Yunck appeals a judgment, entered after he pled guilty to three counts of knowingly violating a domestic abuse order as a habitual criminal, and orders denying his postconviction motion. Yunck claims that (1) the sentencing court relied on improper factors and (2) his trial counsel was ineffective. We disagree and […]
2009AP2416-CR State v. Anderson
Criminal ProcedurePlea withdrawal Timothy Ray Anderson appeals from a judgment of conviction for taking and driving a vehicle without the owner's consent, contrary to Wis. Stat. § 943.23(2) (2005-06), and from an order denying his motion for postconviction relief. Anderson argues that the trial court erred when it denied his postconviction motion without an evidentiary […]
2009AP1868-CR State v. Gulbronson
Criminal ProcedureSelf-defense instruction Ian M. Gulbronson appeals from a judgment of conviction, entered upon a jury's verdict, on one count of aggravated battery. Gulbronson also appeals from an order denying his postconviction motion for a new trial. Gulbronson argues that he was denied the effective assistance of counsel because his trial attorney failed to object […]
2009AP1851-CR State v. Rogers
Criminal ProcedureIneffective assistance William Demajor Rogers, Jr., appeals a judgment convicting him of first-degree reckless homicide while armed, felon in possession of a firearm, and hiding a corpse. He also appeals an order denying his motion to withdraw his plea or, in the alternative, for a new sentencing hearing. Rogers argues that he received ineffective […]
2009AP3140-CR, 2009AP3141-CR State v. Harris
EvidenceBest evidence rule John D. Harris appeals from judgments convicting him of battery and intimidation of a victim, both as a repeater. See Wis. Stat. §§ 940.19(1), 940.44(2), and 939.62(1)(a), (b) (2007-08). Harris takes issue with the trial court's decision to allow into evidence testimony regarding the content of recorded phone conversations and a letter […]
2010AP75-CR State v. Wendt
Motor VehiclesOWI; reasonable suspicion Robert Wendt appeals the judgments of conviction entered after he pled guilty to one count of operating a motor vehicle while under the influence of an intoxicant, as a second offense, and one count of operating a motor vehicle while under the influence of an intoxicant, as a third offense. Wendt […]
2010AP9-CR State v. Webber
SentencingDiscretion William Webber appeals a judgment of conviction for two counts of fourth-degree sexual assault and one count of obstructing an officer. He argues the circuit court erroneously exercised its sentencing discretion by considering Webber's position as a law enforcement officer as an aggravating factor instead of a mitigating factor, by considering evidence that he […]
09-1311 Sottoriva v. Claps
Civil RightsAttorney fees Where it appears the district court reduced a prevailing party's attorney fee award based solely on the number of claims he prevailed on, the award must be vacated. "Precision is impossible in such calculations, and the district court is entitled to considerable discretion in arriving at an award that it deems reasonable. […]
09-2288 Issaq v. Holder
ImmigrationAsylum; Iraq Being an Assyrian Christian is not grounds for asylum for an alien facing removal to Iraq. "In our view, his contention that the record on which the IJ and Board relied was deficient is enough to support a legal argument with respect to the Board's alternate holding. It is troublesome that the IJ […]
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