Please ensure Javascript is enabled for purposes of website accessibility
Home / Case Digests/page 880

Case Digests

01-2167 City of Chicago v. ATF

“ATF’s arguments that the premature release of this data might interfere with investigations, threaten the safety of law enforcement officers, result in the intimidation of witnesses, or inform a criminal that law enforcement is on his trail are based solely on speculation. Nothing the agency submitted is based on an actual pending or reasonably anticipated enforcement proceeding. Under the ATF’s ...

Read More »

No. 01-0746 Crawford v. Progressive Northern Insurance Company, et al.

Jane Crawford, individually and as special administrator of the estate of her late husband, Donald Crawford, appeals from a judgment declaring that the auto insurance policy issued to the Crawfords by Progressive Northern Insurance Company does not provide coverage for the damages at issue in this appeal. Jane argues that the policy’s exclusionary language is ambiguous and should therefore be ...

Read More »

01-3074-FT Village of Fontana v. Zamecnik

Gary M. Zamecnik contends that the trial court misused its discretion in refusing to reopen the underlying operating a motor vehicle while under the influence of intoxicants (OWI) case against him. We disagree and affirm the order of the trial court. This opinion will not be published. Dist II, Walworth County, Gibbs, J., Snyder, J. Attorneys: For Appellant: Theodore B. ...

Read More »

99-3656 Taylor v. U.S.

“We held in Liegakos v. Cooke, 106 F.3d 1381, 1386 (7th Cir. 1997), that the Constitution does not require the judge to tell the accused in open court that he is entitled to testify, and to obtain a formal waiver of this right. … Nor does the Constitution require an attorney to provide this advice in some prescribed formula … ...

Read More »

01-2105 Yatso, et al v. Blue Cross & Blue Shield United of Wisconsin, et al.

Richard P. Yatso, his wife, Peggy Lynn, and their children, Rachel Kristine and Mitchell Richard, appeal from the order dismissing, with prejudice, their complaint and granting summary judgment to Blue Cross & Blue Shield United of Wisconsin, Badger State Security Trust, and Heartland Trust (collectively, “Blue Cross”). The Yatsos argue that material issues of fact preclude summary judgment on their ...

Read More »

01-2989 State v. McGrew

Kenneth McGrew appeals from a judgment of conviction for speeding. McGrew makes several arguments: (1) that the prosecutor was obligated to respond to his discovery request and that Wis. Stat. § 345.421 is unconstitutional; (2) that the State has a duty to preserve evidence in civil forfeiture cases and the destruction of a videotape from the citing officer’s car was ...

Read More »

01-3386 In Re: A Witness before the Special Grand Jury 2000-2

“While we recognize the need for full and frank communication between government officials, we are more persuaded by the serious arguments against extending the attorney-client privilege to protect communications between government lawyers and the public officials they serve when criminal proceedings are at issue. First, government lawyers have responsibilities and obligations different from those facing members of the private bar. ...

Read More »

02-0331 In Re the Termination of Parental Rights to Donavin H.: Racine County Human Services v. Dadra L., et al.

This is an appeal from an order by the circuit court terminating Donald H.’s parental rights to his son, Donavin H. Donald argues that the circuit court erred when giving modified jury instructions because those instructions were misleading and prejudicial. We conclude that the modified jury instructions, taken as a whole, were not prejudicial or misleading, and the instructions adequately ...

Read More »

01-2032-CR State v. Landreth

Emlin E. Landreth appeals from a judgment convicting him of soliciting a child for prostitution contrary to Wis. Stat. § 948.08 (1999-2000) and an order denying his postconviction motion to withdraw his no contest plea. Because we conclude that the circuit court properly exercised its discretion in denying Landreth’s plea withdrawal motion, we affirm. This opinion will not be published. ...

Read More »

01-3680, 01-3681 U.S. v. Urfer

“Destroying other people’s property is malum in se, and thus is willful provided only that the defendant knows that he’s destroying another person’s property without the person’s authorization. Morissette v. United States, 342 U.S. 246, 270-71 (1952); United States v. McCalvin, 608 F.2d 1167, 1171 (8th Cir. 1979) (per curiam); People v. Datema, 533 N.W.2d 272, 278 n. 15 (Mich. ...

Read More »

01-2877 Methodist Manor of Waukesha v. Martin

“Applying this statement to the facts alleged in Methodist Manor’s amended complaint, Frederick Martin is Evelyn Martin’s ‘agent,’ he received funds from the Social Security Administration for her, and Methodist Manor is the ‘one rightfully entitled’ to those funds by virtue of § 49.45(7)(a) and Evelyn Martin’s contract with it; Frederick Martin is thus ‘under a duty to’ remit those ...

Read More »

01-1611 Schaefer v. Boldt

David and Jacqueline Boldt appeal from a judgment awarding a portion of their property to Raymond and Edna Schaefer on alternative grounds: adverse possession and reformation of the Schaefers’ deed. Because we affirm the circuit court’s decision to award the property to the Schaefers on the grounds of adverse possession, we do not reach the reformation issue. This opinion will ...

Read More »

01-1843-CR State v. Buchholz

Joseph P. Buchholz has appealed from a judgment convicting him of possession of marijuana with intent to deliver in violation of Wis. Stat. § 961.41(1m)(h)1 (1999-2000). The sole issue presented on appeal is whether the trial court erred in denying his motion to suppress evidence seized in a search of his dormitory room. Because we conclude that the trial court ...

Read More »

01-3999 U.S. v. Whitlow

“We have held time and again that a waiver of appeal stands or falls with the rest of the bargain. See, e.g., United States v. Jeffries, 265 F.3d 556 (7th Cir. 2001); United States v. Behrman, 235 F.3d 1049 (7th Cir. 2000); United States v. Wenger, 58 F.3d 280 (7th Cir. 1995). Whitlow ‘did not ask the district court to ...

Read More »

01-2595 Fazio v. Department of Employee Trust Funds

“We therefore conclude that the doctrine of exhaustion of administrative remedies does not require that she appeal DETF’s determination to the Board before filing this action. … “In summary, we reverse the circuit court’s order dismissing the complaint because we conclude that Fazio was not required to exhaust her administrative remedies before filing this action. As to the taking claim, ...

Read More »

01-2402 O'Neill v. Reemer, et al.

Randy and Rita O’Neill appeal the summary judgment dismissing their trespass complaint against James Reemer, owner of adjoining real estate, and Weyerhaeuser Company, which Reemer engaged to perform logging services. The trial court concluded that Wis. Stat. § 893.33(2) precluded the O’Neills from establishing title by adverse possession to the property that was logged because they did not file an ...

Read More »

00-1361-CR, 00-2050-CR State v. Parker, et al

The State of Wisconsin appeals orders of the circuit court granting defendants Percell Parker’s and Cordell Bufford’s motions to suppress evidence. For the following reasons, we affirm. Not recommended for publication in the official reports. Dist IV, La Crosse County, Gonzalez, J., Lundsten, J. Attorneys: For Appellant: Scott L. Horne, La Crosse; Todd W. Bjerke, La Crosse; Susan M. Crawford, ...

Read More »

01-1937 EEOC v. United Air Lines, Inc. (57016)

“In her charge of discrimination, Ms. Droge alleges that she has suffered discrimination on the basis of her national origin and sex because of UAL’s failure to make contributions to the French social security system on her behalf. The information sought, however, goes far beyond an inquiry into whether and for whom UAL makes French social security payments. It is ...

Read More »

01-0844 Xiong v. Xiong

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family and of society,’ the stability of which ‘is basic to morality and civilization, and of vital interest to society and ...

Read More »

01-2132 Keller v. Sawyer

Charles and Barbara Keller appeal a judgment denying their adverse possession action against Paul Sawyer. The Kellers contend that they obtained title by adverse possession to (1) land under a corner of their cottage and (2) a portion of land adjacent to their cottage. We agree and reverse the judgment. However, we limit the adverse possession of the lawn to ...

Read More »

01-2358-CR State v. Ruetten

The State appeals the order of the circuit court granting the motion of Natasha Ruetten to suppress evidence obtained in a search of her apartment pursuant to a search warrant. As a result of that evidence, Ruetten was charged with possession of tetrahydrocannabinols (THC) contrary to Wis. Stat. §§ 961.41(3g)(e) and 961.14(4)(t), and possession of drug paraphernalia contrary to Wis. ...

Read More »

01-0844 Xiong v. Xiong (57017)

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family and of society,’ the stability of which ‘is basic to morality and civilization, and of vital interest to society and ...

Read More »

00-3545 Johnson, et al. v. Ziegler

“We reject Johnson’s strained reading of the language at issue. By asserting its priority claim to proceeds recovered by a plan beneficiary, and by expressly disclaiming application of the ‘Made-Whole Doctrine’ and the ‘Rimes Doctrine,’ we fail to see how the plan drafter could have more clearly communicated the plan’s ‘first-dollar’ subrogation rights…. “Johnson also contends that DEC’s claim for ...

Read More »

01-1741 Derks v. Town of Seven Mile Creek, et al.

Robert and Joanne Derks appeal a judgment which directed a verdict against them on their claims for trespass, negligent destruction of property, and a violation of their rights as landowners abutting a public highway under Wis. Stat. sec. 80.47 (1997-98). The trial court concluded that the Derks had failed to present sufficient evidence on damages. For the reasons discussed below, ...

Read More »

99-2355 Pasko, et al. v. City of Milwaukee, et al.

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their day in court…. Under the facts and circumstances of this case, we conclude that to hold that each member of ...

Read More »

99-2355 Pasko, et al. v. City of Milwaukee, et al. (57018)

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their day in court…. Under the facts and circumstances of this case, we conclude that to hold that each member of ...

Read More »

01-1132 In Re: the Estate of Nicholas Persha v. Abram

Further, the court properly ruled that defendant, with whom decedent had lived for many years, had failed to rebut the fact of decedent’s apparent on-going incapacity by showing that decedent had a “lucid interval” when he signed the will. “The court then recounted the evidence of the several doctors, including Dr. Davis and Dr. Hower, and the several nurses caring ...

Read More »

01-2275 Wenzel v. Peters, et al.

Curt and Dorothy Wenzel appeal from an order dismissing their personal injury claim against Kristy Peters and her insurer. The matter was tried to a jury. The trial court dismissed the complaint for insufficient evidence at the close of the Wenzels’ case. However, we conclude that the Wenzels presented sufficient evidence to allow a verdict in their favor. We therefore ...

Read More »

00-1167 Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (57019)

Fairness and justice will not be better served by a categorical rule that any deprivation of all economic use, no matter how brief, constitutes a compensable taking. That rule would apply to numerous normal delays in obtaining, e.g., building permits, and would require changes in practices that have long been considered permissible exercises of the police power. Such an important ...

Read More »