Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Richard Olson appeals a judgment of conviction for possession of cocaine. Olson claims that the court erred by denying his motion to suppress a cocaine bindle because: (1) he was unlawfully detained when officers executed a search warrant; and (2) ...

“Although Sherifi meets the bare requirements for section 309(c)(5)(C)(i)(V), the section cannot be read in isolation. It merely suspends operation of the stop time rule for certain aliens. Indeed, by its own terms, it is limited to the purpose of ...

Liduvina Stensland appeals from the trial court’s summary judgment dismissing her legal malpractice action against Warshafsky, Rotter, Tarnoff, Reinhardt and Bloch, S.C. She claims that the court erred in concluding that issue preclusion barred her claim. Liduvina raises two issues: ...

Treble Henderson appeals an order denying his motion for postconviction discovery. We conclude that the trial court properly exercised its discretion in denying the motion and affirm. This opinion will not be published. Dist I, Milwaukee County, Wagner, J., Per ...

“The evidence Terry sought to have admitted at his trial demonstrating that his brother, Richard, manufactured methamphetamine on multiple occasions fits into this category of ‘reverse 404(b)’ evidence. Thus, the question we must decide is whether the testimony of the ...

Stephanie Kramschuster appeals from an order assessing a fine and costs against her after a jury found Kramschuster guilty of the Village of Greendale’s municipal charge of theft. Kramschuster also appeals from the trial court’s order denying her motion to ...

Robert Beese appeals from an order dismissing his attempted civil rights action against both the author of his presentence investigation report (PSI) and that individual’s supervisor in the Probation and Parole Division of the Department of Corrections (DOC). Beese challenges ...

“In the instant case, Mr. Boyko has made certain allegations that lead us to believe that he ought to be given the opportunity to demonstrate that he did not ‘fail’ to develop the factual record in the state courts. Mr. ...

Trans Data Net Corporation appeals from a judgment requiring it to pay damages to Gamber-Johnson, LLC for breach of contract. Trans Data Net claims the trial court erroneously exercised its discretion by excluding from evidence a series of e-mails that ...

Emmanuel Okoronta appeals from a judgment of conviction for violating a domestic abuse injunction and for bail jumping. He argues that he is entitled to a new trial because his attorney erroneously used a peremptory strike to remove a biased ...

“Legal innocence has been recognized by this circuit, and rightfully so, as a fair and just reason to withdraw a guilty plea. See United States v. Gomez-Orozco, 188 F.3d 422, 425 (7th Cir. 1999); United States v. Groll, 992 F.2d ...

A subcontractor agreement between Oscar J. Boldt Construction Co. (Boldt), the general contractor, and N.J. Schaub & Sons Inc. (Schaub), the subcontractor, included an indemnification provision that required Schaub to indemnify Boldt for damages or liability arising out of Schaub’s ...

Jack B. appeals from a judgment of conviction and an order denying his postconviction motion. The issues are whether the court erred by excluding certain evidence, and by denying his motion for a new trial based on newly discovered evidence. ...

“The government expressly informed the court of its pending sec. 5K1.1 motion. The government had also informed Judge Barker of the nature and extent of Atkinson’s cooperation at the two previous sentencing hearings. Based on the terms of the plea ...

Richard, Charles and Allen Decker appeal from a judgment dismissing their action against Dairyland Greyhound Park, Inc., for specific performance of a stockholders’ agreement with respect to the seating of directors selected by the Deckers in 1994 and 1995 and ...

Ronald Schilling appeals from an order denying his motion to have certain Department of Corrections (DOC) officials found in contempt of court for failing to comply with a prior order of the court. We affirm the order. This opinion will ...

“Although the effect on the student from this relatively minor and transitory discrimination might well have been minimal, especially when compared with the situations in more pervasive and enduring educational discrimination, our faithfulness to constitutional principles does not permit us ...

“All the government promised to do in this case was to make a sentencing recommendation. The plea required the government to ‘recommend a 5-level upward departure. …’ The government fulfilled its promise, and the sentencing court disagreed with that recommendation. ...

Jason Amundson appeals a judgment dismissing his breach of contract and wrongful termination claims against the Village of Fairchild. Amundson commenced the action after the village board terminated his employment as the Village Police Chief without giving notice or reason. ...

Roger H. Splitt appeals from the judgment of conviction entered against him, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel, that his right to a fair ...

“Nothing in the context of the monument itself or the surrounding grounds mitigates the religious message conveyed. The monument is a display distinct both in its placement by other statues and monuments and in its content. See generally County of ...

“We conclude the plain language of 12 U.S.C. sec. 1771(a)(4) addresses the impact of conversion on a credit union’s ownership of its assets and its responsibility for its obligations, but does not address whether a former federal credit union may ...

Traci Purdy appeals from the judgment divorcing her from Brian Purdy. The issues pertain to the trial court’s division of the marital assets. While we may not have reached the same conclusions as the trial court were we reviewing its ...

The State of Wisconsin appeals from an order suppressing all the evidence gathered after an investigative traffic stop following an anonymous cell phone call and dismissing the complaint against Deann K. Baer. We reverse the judgment of acquittal and the ...

“Mr. Massey submits that there are no administrative remedies available to him because FCC Pekin’s grievance procedure cannot provide him with money damages, which is the only form of relief he seeks. The Supreme Court’s recent decision in Booth forecloses ...

This is so because there was no intent expressed in the lease to create a security agreement and a contrary conclusion would derogate from the common-law principle that a security deposit creates only a debt. “Because we conclude that Wis. ...

Edwin C. Sauey (Ed) appeals from the maintenance component of his judgment of divorce from Beverly A. Sauey (Ann). Ann cross-appeals from the property division. We affirm both aspects of the judgment for the reasons discussed below. This opinion will ...

Dean Cutsforth appeals a judgment convicting him of operating while intoxicated, second offense. He also appeals an order denying postconviction relief. He contends that his warrantless arrest violated his Fourth Amendment rights, requiring the suppression of all evidence taken incident ...

“[T]he district court reached the right outcome regarding Michael’s First Amendment claim because Michael failed to set forth evidence that he engaged in protected speech. Indeed, there is no evidence in the record definitively establishing what he said to Linn. ...

“Increasing the property tax base, providing employment opportunities, and attracting tourists are all legitimate public purposes, and the City may constitutionally appropriate funds to accomplish these goals. [Citation] Here, Alexander has the burden to demonstrate that it is ‘clear and ...