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

Edward D. Lewis appeals from a judgment of conviction and sentence after he pled guilty to possession of a firearm by a felon. He also appeals from an order denying his postconviction motion to modify his sentence. Lewis claims: (1) ...

“There is no question that the jury instructions should have been finalized before closing arguments. However, although a technical violation of Rule 30 did occur, it is clear that the error did not violate the defendants’ substantial rights. The district ...

Further, plaintiff’s filing of an amended complaint after expiration of the mediation period did not rectify the problem because an action never properly commenced cannot be amended. “Ocasio contends that the requirement of Wis. Stat. sec. 655.44(5) is merely directory, ...

Sharon Dixon appeals from the judgment of conviction entered after a jury convicted her of one count of arson of a building, party to a crime and one count of possession of a controlled substance. Dixon also appeals from the ...

“Allen contends that Agent Fox’s testimony regarding the link between the gun found at the motel and drug trafficking was simply a subjective lay opinion and not an expert opinion. Agent Fox received education and training in the field of ...

This is so because it is improper to order restitution to a party with no relationship to the crime of conviction. Therefore, we reverse and remand with directions that the circuit court enter an amended judgment of conviction. “If the ...

Scott Pittman appeals a jury verdict finding him guilty of operating a motor vehicle while intoxicated. Pittman contends that the trial court erred by excluding testimony related to his reasons for refusing to submit to a chemical test for alcohol. ...

“It is true that the consent followed closely on the heels of the questionable pat-down search, which could suggest that the consent was a product of that search. In this case, however, we find that the other two factors indicate ...

The State of Wisconsin Department of Agriculture appeals a judgment that it lacks statutory authority to issue orders regarding the liability of trustees and sureties to pay producers. The department contends that it has either express or implied statutory authority, ...

Randy Simplot appeals a judgment convicting him of being party to the crimes of possession of cocaine with intent to deliver and maintaining a drug house, each as a repeat offender, and also an order denying his postconviction motion. He ...

“Limares stresses that several investigations have found that some molecules of cocaine, heroin, and other drugs can be found by sophisticated apparatus on almost all currency. This has the potential to increase the rate of false positives, and if the ...

The Polk County Child Support Agency appeals from an order denying its motion to modify Roger Peterson’s child support obligation. The agency argues that the trial court erroneously exercised its discretion by denying its motion. Specifically, the agency contends that ...

Dwayne Jackson appeals an order denying his motion for resentencing. He argues that the trial court unreasonably drew an inference from his sporadic employment record that he supported himself by selling drugs and that this inference created a risk of ...

Michael A. Schwaller appeals from the portion of the property division of the judgment of divorce which awarded the marital residence to Tammy L. Schwaller. Michael argues on appeal that the circuit court misused its discretion when it awarded the ...

Martin Bauknecht appeals from his 12-year sentence and denial of his motion for postconviction relief on four counts of issuing worthless checks as a habitual criminal. The single issue on appeal is Bauknecht’s challenge to the circuit court’s exercise of ...

Gary Zeka appeals his judgment of divorce, challenging the trial court’s decisions with respect to property division and the term of maintenance awarded to his former wife, Wendy Zeka. He also contends that the record fails to support the trial ...

“No business is entitled to a trial after which judge and jury will determine how language ought to be used, as if usage were a question of law or logic. It is enough to guard against misleading expressions that play ...

Phyliss T. appeals the order terminating her parental rights to Kassandra T., and the order denying her claim of ineffective assistance of counsel. Because Phyliss has failed to meet her burden of demonstrating trial counsel was ineffective, we affirm the ...

“It is an abuse of discretion (the normal standard applied to decisions relating to the management of litigation, and the one by which dismissals for violation of Rule 8 arereviewed, Kittay v. Kornstein, 230 F.3d 531, 541 (2d Cir. 2000); ...

Marion L. M. appeals from an order terminating her parental rights to Macala M.E. Marion argues that the trial court failed to make a finding that her conduct undermined her ability to function as a parent and, therefore, she was ...

“The policies articulated in our quasi- judicial immunity cases have less force when, as in this case, the challenged conduct is the manner in which the judge’s order is carried out, and not conduct specifically directed by a judge. Reading ...

Dawn M.E. appeals an order terminating her parental rights to her son, Daniel M.E. She contends that the evidence was insufficient to support the jury finding grounds to terminate her parental rights. Dawn also argues that the trial court erroneously ...

“[T]his case differs from the typical case in which an employer and employee agree to arbitrate their disputes because of the complicated three-party approach by which Ryan’s sought to bind Penn to arbitration. Although Penn obviously was motivated to sign ...

Dennis Taff, Daniel Gartner and Mansion Realty appeal a summary judgment that dismissed their appeal from a special assessment levied against them by the Town of Burke for water mains installed along their respective properties in the Taff Subdivision. They ...

“According to an offer of proof Phillips made just before the trial began, there were significant irregularities in Mathis’ applications at these other dealerships. In one case, when the dealership offered Mathis an interview, Mathis left and never returned. In ...

Diana M. Kearns, pro se, appeals from a judgment entered after a bench trial. Kearns argues that the trial court erred when it: (1) denied her claim for an abatement of water run-off; (2) ordered her to asphalt a portion ...

“While no reasonable jury could conclude on this record that Coleman’s decision to terminate Lalvani was motivated by Lalvani’s ethnicity or his having filed a discrimination complaint in 1989, there are other kinds of ’cause’ that are still relevant to ...

Arlo and Loran Schultz appeal from a judgment granting injunctive relief to Jevic Enterprises Inc., and the Nevada Heights Homeowner’s Association, Inc. The court concluded that the Schultzes’ residence violated a restrictive covenant of the Nevada Heights Subdivision, and ordered ...

“UPS, IBT, and the Fund intended for the documents comprising the abatement plan to be controlling as to the behavior of UPS and the Fund during the months of August through December 1997. The trustees, therefore, did not fail to ...

Beth T. Vandeboom and State Farm Mutual Automobile Insurance Company (collectively, “State Farm”) appeal from a circuit court judgment, following a jury trial, awarding Miguel A. Rivera $548,312.23 in damages for injuries he suffered in a collision between the motorcycle ...