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

Jackson Carpenter appeals from a judgment of commitment as a sexually violent person and from an order denying Carpenter’s postcommitment motion. He raises several issues. We affirm all issues except the Thiel II issue, on which we reverse and remand. ...

Christopher Sudeta appeals a summary judgment dismissing his third-party complaint for contribution against Vilas County. Sudeta, who was sued because of an automobile collision, claimed that a deputy sheriff’s negligence contributed to cause the accident. The circuit court concluded the ...

“We decide this case in a published opinion to alert other federal courts that Simon is flooding the courts with ERISA claims virtually identical to the ones raised here. After the Central District of California dismissed Simon’s suit against 1600 ...

Stephen J. Kasun, Jr., and his wife, Edna Kasun, appeal from the judgment, following a jury trial, dismissing their action against Owens-Illinois, Inc., and from the circuit court’s denial of their postverdict motions. They present numerous arguments, all of which ...

“The certification order must be reversed, and not only because one-way intervention is forbidden. Fed. R. Civ. P. 23(c)(2)… The rule could not be clearer, and this is hardly a case in which class action treatment is obviously appropriate. Quite ...

Deanna and Terry Graetz appeal from a judgment dismissing their claims against Wal-Mart Stores, East Inc. and Wal-Mart’s insurer for injuries Deanna Graetz (Graetz) suffered when items fell off a shelf and hit her on the head and shoulders while ...

“McMasters’ assertion that Ninth Circuit precedent applies in this case is incorrect. Although the law of the transferor court continues to apply when a diversity case is transferred from one district court to another under sec. 1404(a), see Van Dusen ...

James Washington appeals from a judgment convicting him of armed robbery as a repeat offender. He claims the evidence was insufficient to support his conviction because the victim lacked a reasonable belief that he had a weapon. We disagree and ...

“[W]e do not mean to deny the pain that a play such as Corpus Christi inflicts on believing Christians (and not only on them) or to suggest that its author ranks with the nonbelieving giants of our cultural tradition. The ...

Matthew F.G. appeals from a judgment convicting him of first-degree sexual assault of a child, with a child responsibility enhancer, and from an order denying his postconviction motion. The victim was his three-year-old daughter, Evette K.G. The issues are whether ...

“Dykema was experienced in drug transactions, a business he knew to be dangerous. He claimed he knew how to operate in drug matters better than the police. He viewed himself as an instructor from whom the police could learn. He ...

“There is no indication in the record, nor do either of the respondents allege, that the number of ballots in this . Wisconsin Stat. secs. 5.54, 6.80(2)(d), and 7.50(2) do not suggest otherwise. Sections referendum exceeded the number of voters ...

Billy Rachal appeals from a judgment convicting him of second-degree reckless injury, and from an order denying postconviction relief. The issues are whether the jury heard sufficient evidence to find him guilty, whether the trial erroneously excluded certain testimony, and ...

“Title VII does proscribe gender-based harassment even when it is not motivated by sexual desire, and it is true that ‘[c]ourts should avoid disaggregating a hostile work environment claim, dividing conduct into instances of sexually oriented conduct and instances of ...

“In determining whether a minor has actual authority to consent to the entry, two factors may guide the courts. The first factor is the age of the child because ‘as children grow older they … acquire discretion to admit … ...

Kurt Meyer appeals a judgment convicting him of being party to the crimes of robbery with use of force, burglary, substantial battery with intent to do substantial harm, and disorderly conduct. Meyer claims the trial court improperly denied his request ...

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the ...

Laura J.M. appeals from orders for involuntary medication and treatment. Laura contends that the trial court erred in concluding that she was incompetent to refuse medication. She claims that because the trial court found that she expressed knowledge of the ...

Roger S. Walker appeals from a judgment of conviction entered against him after a jury trial, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. Because we ...

“Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (‘AUSA’), ‘is there a waiver of appellate rights?,’ and the AUSA responded, ‘[t]here is not, Your Honor.’ However, when read in ...

Patrick Behrndt appeals from a judgment of the circuit court dismissing his demand for a trial de novo and awarding John and Gail Hernandez (the Hernandezes) attorney’s fees. Behrndt argues that the circuit court erred in dismissing his demand for ...

Vlado Gazic appeals from the order denying his motion for relief under Wis. Stat. sec. 974.06 (1999-2000). The issue on appeal is whether Gazic received ineffective assistance of counsel. Because we conclude that he did not receive ineffective assistance of ...

“Morris has shown that an actual conflict of interest existed under the second test. Wasserman would seem to have a self-interest in protecting himself from a malpractice claim. However, Morris’s argument was predicated on Wasserman’s purportedly false advice. The judge ...

Charles T. Wagner appeals an order of the circuit court dismissing his petition for review of a decision of the Board of Police and Fire Commissioners for the City of Madison (PFC) because it concluded he did not properly commence ...

Anthony Skibba appeals from a series of judgments convicting him of three counts of causing bodily injury by operation of a motor vehicle under the influence of intoxicants and three counts of failing to perform a duty upon striking an ...

“Valenzuela alleges that his counsel was deficient because he did not call an expert witness to refute the government’s contention that the controlled substances at issue were crack cocaine rather than powder cocaine or another form of cocaine base. At ...

Andrew Webb appeals the judgment divorcing him from Nancy Webb. He claims that the trial court erred in its valuation of the marital estate and that it should have awarded him either maintenance or a larger portion of the marital ...

Robert C. Niebuhr appeals from a court order revoking his driving privileges for refusal to submit to a breath test. For the following reasons, we affirm. This opinion will not be published. Dist IV, Dane County, Fiedler, J., Lundsten, J. ...

“The government presented evidence that Spiller wrote the ledgers and that they were kept in his own bedroom, where he also kept crack equipment and proceeds. A party’s own statements offered against him are considered admissions by a party-opponent, and, ...

Ernie Von Schledorn appeals from the trial court’s order granting summary judgment to United Fire & Casualty Company. Von Schledorn claims the trial court erroneously determined: (1) that its insurance claim was untimely; and (2) that United properly denied the ...