Phoenix Internet Technologies Inc. appeals from a circuit court order denying reconsideration or modification of an order granting default judgment in favor of Partners In Design Architects, Inc. We affirm. This opinion will not be published. Dist II, Kenosha County, ...
Read More »01-1921-CR State v. Ewing
Angelo J. Ewing appeals from the judgment of conviction entered after he pled guilty to the crime of armed robbery, party to a crime. He also appeals from the trial court’s order denying his postconviction motion seeking sentence modification. Ewing ...
Read More »01-1220 In Re the Marriage of: Garceau v. Garceau
Brenda S. Garceau appeals from an order setting a method by which she will realize the value of Jerry J. Garceau’s termination benefits package. In a prior appeal, we remanded for further proceedings after deciding that the termination benefits package ...
Read More »00-1567 Young v. United States
Congress is presumed to draft limitations periods in light of the principle that such periods are customarily subject to equitable tolling unless tolling would be inconsistent with statutory text. Tolling is appropriate here. Petitioners’ Chapter 13 petition erected an automatic ...
Read More »01-1100 In Re the Marriage of: Njai v. Lang
Binta Njai appeals an order which dismissed her petition for a divorce from Ray Lang. She claims the circuit court erred in concluding that it lacked jurisdiction to grant Njai a divorce. We agree that the circuit court erred and ...
Read More »00-568 New York v. FERC
New York insists that retail transactions are subject only to state regulation, but the electric industry has changed since the FPA was enacted, at which time the electricity universe was neatly divided into spheres of retail versus wholesale sales. The ...
Read More »01-2784-FT Meyer v. Schmitz, et al.
Steve and Jane Meyer appeal an order dismissing Rural Insurance Company from this action. The issues are whether: (1) the insurer established on summary judgment that its policy did not provide coverage, and (2) there is a dispute of material ...
Read More »00-973 United States v. Vonn
Relying on the canon that expressing one item of a commonly associated group or series excludes another left unmentioned, Vonn claims that Rule 11(h)’s specification of harmless-error review shows an intent to exclude the plain-error standard with which harmless error ...
Read More »01-3360-In Re the Termination of Parental Rights to Shannon G.: Brown County Department of Human Services v. Mary G., David B.
Mary G. appeals an order terminating her parental rights to her son, Shannon G. Appellate counsel filed a no merit report pursuant to Wis. Stat. Rule 809.32 and In re Ashley A.T., 218 Wis.2d 160, 579 N.W.2d 293 (Ct. App. ...
Read More »01-1910 Israel, et al. v. U.S.D.A.
“[T]he Agreement provides for 50% recapture of appreciation on whichever of the following dates occurs first: the Agreement’s expiration on September 14, 1999, the date plaintiffs pay the loan in full, the date the plaintiffs cease farming, or the date ...
Read More »01-3104-FT Village of Lake Delton v. Roberts
The Village of Lake Delton appeals the dismissal on summary judgment of its action to compel James Roberts to remove a backyard deck which the Village alleged violated a local setback ordinance. We conclude that the deck complied with the ...
Read More »01-2081 Thielman v. Leean, et al.
“Just as Sandin dealt with prison regulations, it also dealt with a prison and a prisoner. Although the WRC, in part, houses correctional inmates, it cannot be termed a prison with regard to Chapter 980 patients. The entire premise of ...
Read More »01-1356 Outagamie County v. McGlone
Martin McGlone appeals an order remanding him to the custody of the Outagamie County Sheriff to serve jail time of 1,160 days for failure to pay forfeitures. McGlone argues that his right to due process was violated because the court ...
Read More »01-1460 Delgado v. Jones, et al.
“On the facts of this complaint, Delgado had information about criminal activity that potentially involved an immediate relative of an elected official, who also happened to be a close personal friend of Chief Jones. Fully divulging this information to his ...
Read More »01-2581-FT Eckendorf v. Austin
Josephine Eckendorf appeals a judgment that declares the interest of herself and her neighbors in an easement. This matter returns to this court following a reversal and remand. Eckendorf argues that (1) there is no language in the easement that ...
Read More »01-3673 Beth B. v. Van Clay
“When her peers worked on mathematics, she was exposed to various numbers. When the class studied meteorology and weather patterns, she looked at pictures of clouds. Beth cannot participate in class discussion or lectures. “We find it unnecessary at this ...
Read More »01-2109 Adney v. USAA Property & Casualty Insurance, et al.
William Adney appeals a summary judgment dismissing his legal malpractice claim against Robert Kettering Jr. Kettering represented Adney in a personal injury action brought by Michael Gronquist. Adney contends that summary judgment was inappropriate because (1) Kettering failed to establish ...
Read More »01-2935 Martinez-Camargo v. INS
“In this case, there can be no question that Officer’s Suchy’s actions did not impact Martinez-Camargo’s substantive rights. Martinez-Camargo’s primary complaint – indeed, his only complaint – is that Officer Suchy both arrested and examined him. Martinez-Camargo must therefore demonstrate ...
Read More »01-1402 State v. Thornton
William H. Thornton, Jr. appeals from orders denying his Wis. Stat. sec. 974.06 motion, seeking dismissal of his penalty enhancer convictions based on State v. Peete, 185 Wis.2d 4, 517 N.W.2d 149 (1994) (holding state must prove nexus between underlying ...
Read More »01-1203 U.S. v. Inglese
“In the present case, the record is replete with evidence for the jury to conclude that both Inglese and Baumhardt were deliberately ignorant. For example, Officers Kelly and McClain both testified that they told Inglese and Baumhardt that Officer McClain ...
Read More »01-1151 Global Steel Products Corp. v. Ecklund
“The net result in this case is that Global received its property with a present value of $5,225 plus a damage award of $34,070.83, representing the diminution in value of the property during the years of storage with Ecklund. Contrary ...
Read More »01-0248 State v. Wolfe
Patrick Wolfe appeals from a judgment convicting him of solicitation to commit first-degree intentional homicide. He also appeals from the order denying his postconviction motion for sentence modification. Wolfe argues that the circuit court erred by denying his postconviction motions ...
Read More »99-4203, 99-4205, 99-4210 U.S. v. Fernandez
“In this case, the judge charged the jury: ‘In considering whether the government has proven a scheme to defraud, it is essential that one or more of the false pretenses, representations, promises and acts charged in the portion of the ...
Read More »01-2046 Selaiden v. Columbia Hospital, et al.
“Here, Sentry was named as a defendant in both the timely summons and the timely complaint. Additionally, Sentry was timely served with the documents. Thus, unlike the situation where an adverse party has only anecdotal knowledge of the appeal from ...
Read More »01-2687-CR, 01-2688-CR State v. Hanson
Shane Hanson appeals judgments convicting him of operating a motor vehicle while his license was revoked and resisting or obstructing an officer. Hanson contends that he was denied his constitutional right to counsel. This court concludes that Hanson forfeited his ...
Read More »01-1151 Global Steel Products Corp. v. Ecklund (56757)
“The net result in this case is that Global received its property with a present value of $5,225 plus a damage award of $34,070.83, representing the diminution in value of the property during the years of storage with Ecklund. Contrary ...
Read More »01-2325 In the Interests of Gregory R.S. et al. v. Gregory L.S.
“As a general rule, it is the Committee’s opinion that the intent and purpose of the Children’s Code are best served by addressing the jurisdictional issue as of the date of removal of the child or the filing of the ...
Read More »01-1493-CR State v. Laufer
Donald Laufer appeals a judgment convicting him of fifth-offense operating while intoxicated (OWI). The issue is whether the trial court properly denied his collateral challenge to a prior OWI conviction used to enhance the charge. We affirm. This opinion will ...
Read More »01-1448 State v. Randle
“During the plea colloquy, the trial court specifically addressed Randle about the jurisdiction issue. Randle indicated that he understood he was waiving his right to raise all jurisdictional issues. Moreover, as aptly stated by the trial court: To reach the ...
Read More »01-2542 State v. Young
John B. Young appeals from an order revoking his driving privileges for one year. Young contends that the arresting officer failed to comply with the standardized field sobriety testing requirements established in the National Highway Transportation Safety Administration (NHTSA) training ...
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