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Case Digests

01-1711-CR State v. Koutnik

Robert Koutnik appeals a judgment convicting him of arson. Koutnik was sentenced to twelve years in prison and twelve years extended supervision. He also appeals an order denying postconviction relief. He argues that he was denied effective assistance of trial ...

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01-3622 U.S. v. Bissonette

“Bissonette’s argument is valiant and not without appeal. But it’s not enough to win this appeal. Recent history shows that the language on which he relies is capable of more than one interpretation. But in the face of LaBonte and ...

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01-3238 In the Interest of Cody A.W.: State v. Linda A.W.

Linda A.W. appeals from an order terminating her parental rights to Cody A.W. She claims that: 1) the trial court should not have terminated Linda A.W.’s parental rights to Cody; 2) there was insufficient evidence to sustain the jury’s finding ...

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01-1060 State v. Ingalls

April Ingalls appeals an order revoking her driving privileges for one year. She argues that the trial court erroneously determined that her refusal to submit to a blood test was unreasonable. She further contends that her refusal was justified because ...

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00-1307 Barnhart v. Sigmon Coal Co., Inc., et al.

Because the Act is explicit as to who may be assigned liability for beneficiaries and neither the “related persons” provision nor any other provision states that successors in interest to these signatory operators may be assigned liability, the Act’s plain ...

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01-1764 Bauer v. Village of DeForest

Susan Bauer appeals an order which dismissed her declaratory relief action against the Village of DeForest and assessed attorney fees against her for pursuing a frivolous action. In recent years, the Village has issued several orders requiring Bauer to remove ...

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01-2718-CR State v. Sefton

Richard A. Sefton pled no contest to operating a motor vehicle with a prohibited blood alcohol concentration. He appeals his conviction, contending that the trial court erred when it denied his motion to suppress. Sefton claims that deputy James Armstrong ...

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00-952 Wisconsin Department of Health and Family Services v. Blumer

Neither § 1396r-5(e)(2)(C)’s text nor the MCCA’s structure forbids Wisconsin’s approach. This case turns on whether the words “community spouse’s income” in § 1396r-5(e)(2)(C) may be interpreted to include potential, posteligibility transfers of income from the institutionalized spouse permitted by ...

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00-2706 In the Matter of the Bar Admission of Heather A. Rippl

“As we noted previously, in reaching this conclusion we are influenced by evidence of Ms. Rippl’s rehabilitation, as demonstrated by the positive testimonials provided by numerous employers for whom Ms. Rippl worked, describing Ms. Rippl as ‘diligent, trustworthy and hardworking’ ...

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01-1849-CR State v. Formaro

Thomas E. Formaro appeals from a judgment of conviction as a party to the crime of manufacturing a controlled substance. He filed a motion to suppress evidence seized at his home under a search warrant. The trial court suppressed the ...

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00-1073, Owasso Independent School District v. Falvo

Petitioners and the United States contend that education records include only institutional records, e.g., student grade point averages, standardized test scores, and records of disciplinary actions. But respondent, adopting the Tenth Circuit’s reasoning, contends that an assignment satisfies § 1232(a)(4)(A)’s ...

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01-0535 State ex rel. L'Minggio v. Gamble, et al.

Quintin L’Minggio appeals an order which dismissed his petition for review of a prison disciplinary decision. We affirm the dismissal of L’Minggio’s action, although on slightly different grounds than those relied upon by the circuit court. This opinion will not ...

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01-1452-CR State v. James

Bernard James appeals the judgment of conviction and sentence for armed robbery, as a party to a crime, and the order denying his postconviction motion for sentence modification because of a new factor. He contends that the decision of the ...

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01-1264 KML Development Corporation v. Schreiber

Clyde and Irene Schreiber appeal a judgment of the circuit court in favor of KML Development Corporation in the amount of $4,314.52 for unpaid rent, utility bills, late fees, and costs. For the following reasons, we affirm. This opinion will ...

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01-2971 Willan v. Columbia County, et al.

“Although several provisions of the Constitution protect privacy in the sense of confidentiality, including the Fourth Amendment and the self- incrimination clause of the Fifth Amendment, the only place to look for a general right of informational privacy would be ...

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01-1624 Lola M. v. City of Milwaukee, et al.

Lola M. appeals from the circuit court judgment dismissing her claims against the City of Milwaukee, based on the court’s written decision determining that the City was entitled to summary judgment. She argues that the court erred in concluding that ...

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01-1189 Millbrook v. IBP, Inc.

“This makes sense because a court’s ‘role is to prevent unlawful hiring practices, not to act as a ‘super personnel department’ that second-guesses employers’ business judgments.’ Simms, 165 F.3d at 1330… If we were to allow a jury to evaluate ...

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01-0911 Berends v. Mack Truck, Inc.

“We agree with the circuit court that the phrase, ‘At the direction of a consumer’ is unambiguous. It requires the consumer to make a choice and communicate that choice to the manufacturer. Because Berends failed to specify whether he wanted ...

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01-1101 Stasiewicz v. Pagan, et al.

Juan Pagan, Jr. and Allstate Insurance Company (collectively, “Allstate”) appeal from a judgment entered in favor of Daniel S. Stasiewicz. Allstate claims: (1) the trial court erred in failing to dismiss Stasiewicz’s claim for permanent injury; (2) the trial court ...

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01-2219 Miller, et al. v. City of Indianapolis

“Everyone in either group is a member of the military, which raises the fundamental question as to how a policy can have a disparate impact on certain people because of their military status and at the same time give an ...

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01-1073-CR State v. Doxtator

Terry Doxtator appeals a judgment convicting him of having sexual contact with his girlfriend’s 11-year-old babysitter, J.C. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. Doxtator argues that his trial ...

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00-4089 Anheuser-Busch, Inc. v. Beer Soft Drink No. 744

“The arbitrator somehow sustained the Union’s grievance, and found that the employer’s payment of the greater commission rate to all drivers during the brief span of but the first two months (60 days) of the new five-year contract constituted a ...

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01-1726-CR State v. Williams

Heidi L. Williams was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as second offenses. She moved to suppress the results of a blood-alcohol test administered after her arrest, ...

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