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

“[E]nhancing Walton’s sentence under sec. 2G2.2(b)(3) without requiring any proof that Walton intentionally received images depicting sadism, masochism, or other violent conduct does not deprive Walton of sec. 2252’s scienter requirement. As the government notes, Walton’s knowledge and intent regarding ...

“The features of the marketing scheme found important in Glickman are not present in the case now before us. As respondent notes, and as the Government does not contest …, almost all of the funds collected under the mandatory assessments ...

Plaintiff was injured in an accident at the intersection of town and county roads where the county stop sign was completely obscured by tree branches protruding from private land over the town right of way; an arborist testified that the ...

“By splitting the patent and trade-secret theories into two suits, the district court … directed the eventual appeals to two different courts. If things remain as they are, we will hear the state-law theories, and the Federal Circuit the patent ...

“At base, the government’s arrangement with Varela can be characterized as a problematic means of pursuing a drug case. During all of the critical junctures of the case, from the initial investigatory stage, up to and through the period in ...

“There is no significant functional difference between a party’s coordinated expenditure and a direct party contribution to the candidate, and there is good reason to expect that a party’s right of unlimited coordinated spending would attract increased contributions to parties ...

Gavin Priegel appeals from a judgment granting Gerald and Jeannie Draves, Mark and Dawn Wuerl, and Peter and Diane Wellinghoff (collectively, Draves) an easement over his property and permanently enjoining any conduct restricting exercise of the access easement. Priegel argues ...

Michael J. Arpke appeals from an order denying his motions challenging the forcible withdrawal of his blood, the constitutionality of dual OWI/PAC prosecution and the adequacy of the information provided to him pursuant to the Implied Consent Law. Because the ...

“Generally, Apprendi does not require facts pertinent to application of the Sentencing Guidelines to be determined under an elevated burden of persuasion… However, this is one instance where Apprendi is applicable to a determination made in accordance with the Sentencing ...

Here, defendant was charged with fifth offense operating after revocation of license (OAR). In order to prevent the progressively higher penalties that flow from repeat OAR offenses, he moved to invalidate his second OAR conviction, alleging that the no contest ...

Kenneth Kliese appeals a trial court order granting the motion of his former wife, Mariella Bates, to increase the maintenance he was ordered to pay her in the judgment of divorce entered on Feb. 13, 1997, after a trial in ...

“We agree with the district court’s conclusion that, on this record, any action taken by Mr. Smith to cause Mr. Honaker’s house to burn to the ground was not effectuated under color of state law. Mr. Honaker does not explain ...

“[T]here is plenty of … circumstantial evidence of the defendant’s intent to avoid tax. As in Guidry, the defendant was an accountant, moreover an experienced one; he personally prepared the fraudulent tax return; the sums taken were large (they amounted ...

“The State may not put so potent a Hobbesian stick into the Lockean bundle. The right to improve property, of course, is subject to the reasonable exercise of state authority, including the enforcement of valid zoning and land-use restrictions… The ...

Jeffrey White appeals from a judgment, entered pursuant to a contempt motion brought by his ex-wife, Nancy White, ordering him to pay delinquent child support and spousal maintenance, as well as attorneys’ fees, to her. Mr. White claims that the ...

Kenneth R. McGrew appeals his municipal ordinance speeding conviction. He contends that the trial court erred in denying his motion for a 12-person jury trial. The trial court’s judgment is affirmed. This opinion will not be published. Dist IV, Dane ...

“The minimally competent lawyer would have presented expert evidence that there was no physical evidence of Miller’s presence at the crime scene, would have greatly undermined the hardware clerk’s evidence, would not have undermined the alibi testimony of Miller’s wife, ...

Also, because the plaintiffs have made no showing of a method of damage calculation that would not be based on the difference between the milk orders the United States Department of Agriculture (USDA) established and what plaintiffs contend they should ...

James J. Bausano appeals from the judgment divorcing him from Charlotte A. Bausano. He challenges the maintenance award, the valuation of his business, and the disposition of inherited property and property acquired before the marriage. We reject his challenges to ...

Marvin D. Clements appeals from the judgments of conviction, following a jury trial, for two counts under Wis. Stat. sec. 813.12(8), for knowingly violating a domestic abuse temporary restraining order or injunction, and one count of bail jumping, habitual criminality, ...

“Reeves paints the government’s case as based on weak circumstantial evidence and Elliot’s incredulous testimony. Given the weakness of the case against him, he asserts that if he had testified a different outcome may well have resulted because the jury ...

“[W]e fail to see how the FCLAA and its pre-emption provision permit a distinction between the specific concern about minors and cigarette advertising and the more general concern about smoking and health in cigarette advertising, especially in light of the ...

Shannon K. appeals the trial court’s order terminating her parental rights to her son, Nathaniel, after a jury found grounds for termination. Shannon contends she was denied her right to meaningfully participate in the trial because her mental illness interfered ...

Stuart Buzzell appeals the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). He contends the trial court erred in denying his motion to suppress evidence because, he asserts, the evidence was the ...

“In determining whether the Articles have been reproduced and distributed ‘as part of’ a ‘revision’ of the collective works in issue, we focus on the Articles as presented to, and perceptible by, the user of the Databases… In this case, ...

Rhea F. contends that there was a failure of proof that she was denied physical placement or visitation by reason of a court order containing notice of the conditions of return. We agree and reverse the orders terminating Rhea’s parental ...

Trish A. Jonas appeals her conviction for operating a motor vehicle with a prohibited alcohol content (PAC). She contends that the circuit court erred in refusing to suppress the results of her breath test because (1) the police interfered with ...

Further, and again considering the property as a whole, the regulatory action in this case at most affected only the developer’s riparian right of reasonable access to the lake, which is subordinate to the public trust doctrine. Therefore, the DNR’s ...

“We have found nothing in the history of these statutes that clearly demonstrates a congressional intent to authorize indefinite, perhaps permanent, detention. Consequently, interpreting the statute to avoid a serious constitutional threat, we conclude that, once removal is no longer ...

Mieke Veneman appeals two judgments of conviction for placing signs in a public way in violation of Beloit, Wis., Ordinances sec. 30.16. The City of Beloit issued the two citations after Veneman placed yellow ribbons on poles on terraces in ...