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

“Curtis, the government, the court, and the jury knew of the tape and knew that it was completely blank during the trial. Moreover, even had it been newly discovered, it would not have been material to his defense. Curtis claims ...

Ford Credit Corporation appeals an order denying its motion for reconsideration seeking to vacate a default judgment in favor of Robert and Scott Mathias. The Mathiases alleged that Ford Credit committed fraud as a result of false credit reporting in ...

Shawn E. Avery appeals a judgment of conviction for possession of marijuana. Avery pled no contest to the offense after the trial court denied his motion to suppress evidence. Avery challenges this ruling on appeal. Avery argues that (1) the ...

“The district court found that McGee had left his apartment once the officers began knocking upon his front door. Rather than move towards the door (and avoid forcible entry), McGee exited the apartment and began to ascend the stairs of ...

Sandra Kay Rykal appeals her judgment of divorce from Kenneth Raymond Rykal. She argues that the trial court erred when it rejected her expert’s testimony regarding the fair market value of the marital residence, in 1993, at the time of ...

Airry Massey appeals from a judgment of conviction entered after he pled guilty to one count of felony murder, as a party to a crime. He also appeals from an order denying his postconviction motion for resentencing, or in the ...

“The informant’s statement in our case bears at least as many indicia of reliability as the informant’s statement in Berthiaume. First, in the present case, Goodlow’s testimony supported the informant’s statement. Next, the informant in our case told Detective Pointer ...

The City of Milwaukee Post #2874, Veterans of Foreign Wars of the United States (VFW) appeals from an order granting summary judgment to the Redevelopment Authority of the City of Milwaukee (RACM), dismissing its challenge to the acquisition, by condemnation, ...

Kevin L. Sendejo appeals from a judgment, an amended judgment, and an order denying his motion to modify his sentence. Sendejo claims that the corrected judgment is invalid because it was not ordered by the trial court and the sentence ...

“The severity of his illness and the circumstances of its contraction are highly unusual features of the case that is likely to take it outside the Guidelines’ ‘heartland.’ See Koon, 518 U.S. at 95. Further, Hirsch’s illness is not a ...

Michael Haack, by his guardian ad litem, and Michael and Jean Stockton (collectively, Stockton) appeal from a judgment dismissing their medical malpractice and related claims against Dr. William Haselow and the Wisconsin Patients’ Compensation Fund (Dr. Haselow). On appeal, Stockton ...

Aaron O. Schreiber appeals from a judgment of conviction for taking and driving a motor vehicle without the owner’s consent and an order denying his motion for postconviction relief. Schreiber makes two arguments: (1) that the sentencing court imposed an ...

This is because redistricting remains an inherently political and legislative – not judicial – task. “Accepting original jurisdiction, then, would necessarily put this case and any redistricting map it would produce on a collision course with the case now pending ...

Jill K. Niese, individually, and as the parent and next friend of Samantha L. Niese and Alyssa K. Niese, minors, and Jill K. Niese, as independent executor for the estate of Randall L. Niese, deceased (collectively, “Jill”) appeals from a ...

“If E Street, a multibrand retailer, possesses market power in retailing the competing product lines of designer jeans and fashion T-shirts in Highland Park, then it can reduce both intrabrand and interbrand competition by pressuring manufacturers not to deal with ...

James E. Gray appeals from a judgment entered after a bench trial, convicting him of attempting to obtain a controlled substance by fraud, and possession of a controlled substance with intent to deliver. Gray also appeals from the trial court’s ...

“The sequence of events reveals a pattern of dilatory conduct by Hunt. Hunt failed to respond to written discovery in a timely manner and relied on the absence of those responses as a basis to delay the depositions of Lincks ...

Michael Schulteis appeals from a judgment entered after a jury found him guilty of two counts of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion alleging ineffective assistance of counsel. He claims ...

“A court of appeals has the authority to implement a settlement reached while the case is on appeal. See Fed. R. App. P. 33. But first the court must know the settlement’s terms. When the parties do not agree on ...

In these consolidated cases, Frankie Wardell Simmons, pro se, appeals from the circuit court order denying his petition for a writ of error coram nobis. He argues that the court erred in denying his petition. We affirm. This opinion will ...

“Whether Mr. Warren touched the teller’s back with the gun or whether he simply came close to touching her is not an important distinction for purposes of determining the applicability of the enhancement. Although something more than a general display ...

Construing plaintiff’s petition as one for mandamus, we agree with plaintiff that defendant did not have the authority to reject her petition and had a plain legal duty to file the petition so that it might be heard by the ...

Twenty-five years ago, in State v. Waste Management of Wisconsin Inc., 81 Wis.2d 555, 564, 261 N.W.2d 147 (1977), Justice Robert W. Hansen began the opinion with what has been cited by our appellate courts numerous times since: An appellate ...

“The purpose of the SEC’s initial proceeding, investigating the securities law violations of Lauer, Senffner, and CCI, was not solely to investigate those violations for the sake of exposing them, but also to identify and recover CHA funds involved in ...

“We conclude that Underwriters’ Plan Administrator’s determination that Underwriters was entitled to subrogation from American Family for expenses paid on behalf of the Bruzas family was not unreasonable and, therefore, we are bound by it.” Judgment affirmed. Recommended for publication ...

Boyd Pigman appeals from a judgment convicting him after a bench trial for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. He contends that the Informing the Accused form read to him after he ...

Construing plaintiff’s petition as one for mandamus, we agree with plaintiff that defendant did not have the authority to reject her petition and had a plain legal duty to file the petition so that it might be heard by the ...

And this is so even though defendant was subsequently found to be delinquent under a Class B felony, that he posed a danger to the public and he required more restrictive custodial treatment. Accordingly, the order of the trial court ...

Larry Clairmore appeals from a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, (OWI), second offense, and an order denying his motion to suppress. Clairmore contends that the arresting officer lacked both reasonable ...

“The court’s consideration of the lay testimony was particularly appropriate in this case where, as appellate counsel concedes, Meeks ‘can relate facts regarding his crime and can even answer questions about the historical facts,’ but where, appellate counsel asserts, Meeks ...