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

“Plaintiff claims that, once Matt covered his cell openings with toilet paper, the guards were aware of the substantial risk that Matt would commit suicide. She asserts that the guards already knew: 1) that Matt had written a last will ...

Randy Eytcheson appeals a judgment declaring Howard Eytcheson’s rights in a boundary dispute and dismissing Randy’s claim for adverse possession. Randy argues that (1) the evidence sufficiently establishes his claim of adverse possession; (2) a fence line establishes his claim; ...

“This case does not fit within the thin middle ground established by [United States v. Berkowitz, 927 F.2d 1376 (7th Cir.1991)], but is a case where [Payton v. New York, 445 U.S. 573 (1980)] applies. What puts this case beyond ...

Terry A. Apel appeals judgments of conviction for homicide, attempted homicide, and conspiracy to commit homicide related to the death of Pamela Schultz, his fiancée’s daughter. Apel contends the trial court erred in denying his motions to suppress the evidence ...

“We believe that the NDP assembly is a ‘civic program or activity,’ as the Village has defined the term, and that the Village’s denial of the plaintiffs’ application to use the Village Hall constitutes viewpoint discrimination. In adopting the philosophical ...

Walter Lockhart appeals a judgment convicting him of substantial battery, as a repeater. He also appeals the order denying him postconviction relief. The issues are whether the trial court erroneously excluded testimony at his jury trial and whether cumulative error ...

“We conclude that the district court’s decision to grant the Post-Tribune’s motion for judgment as a matter of law was in error. The court in granting the Post-Tribune’s motion indicated only that it did not believe that liability could be ...

Stephen Toliver appeals from the judgment of conviction for first-degree intentional homicide, party to a crime, following a jury trial, and from the order denying his motion for postconviction relief. He raises numerous issues. We affirm. Not recommended for publication ...

“Rizzo’s claim cannot succeed because she has produced no evidence indicating that Mahon’s offensive behavior towards her was based on her sex. To the contrary, Rizzo spent significant time both in her brief and at oral argument documenting the animosity ...

Antoine Murphy has appealed from a judgment convicting him after a jury trial of attempted first-degree intentional homicide by use of a dangerous weapon. He was also convicted of armed robbery, and possession of marijuana with intent to deliver. Both ...

“[I]n some situations, state ownership of lake beds may restrict a tribe’s authority to regulate the waters running over those beds. In Wisconsin v. Baker, 698 F.2d 1323, 1335 (7th Cir. 1983), we found that, because the state of Wisconsin ...

Casey J. Shelton appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, fourth offense. He contends the trial court erred in concluding that the officer had probable cause to arrest him. We conclude that ...

“Even if Larkin is correct that his complaint is not the same as a prison condition complaint about poor heating, or unqualified medical staff, for which one could envision effective prospective relief, Perez is no longer the last word on ...

Dillis V. Allen seeks reversal of the trial court’s order granting a blanket protective order barring any discovery before a refusal hearing. We have no choice but to reverse the trial court’s order because there are no facts of record ...

“United States v. Embry, 128 F.3d 584 (7th Cir. 1997), clarified that a formal evidentiary hearing may not always be necessary, but Embry did not disturb Gurtunca’s requirement that a district court make appropriate findings of availability. To the contrary, ...

Accordingly, because there is no statutory limitation period for noncontested cases, we conclude that the six-month default limitation is appropriate and plaintiff’s petition challenging the committee’s Nov. 5th ruling, which was filed on April 7, 1998, was therefore timely. Reversed ...

Michael Thompson appeals from a judgment of conviction entered after he pled guilty to one count of armed robbery, party to a crime. He also appeals from a judgment of conviction entered after he pled no contest to one count ...

“The Association’s original argument that this language created an exception only for attached or integrated boathouses is without merit, especially in light of paragraph four which explicitly requires garages to be attached to the home but makes no reference to ...

Sherman B. Rones appeals from judgments entered after he pled guilty to three counts of first-degree sexual assault, while using a dangerous weapon, and seven counts of armed robbery, several while concealing identity. Rones also appeals from an order denying ...

Accordingly, we reverse and remand to the circuit court with directions that it remand to the Common Council to determine whether Tellurian otherwise meets the standards for a conditional use permit without regard to a reasonable accommodation based on handicap ...

Ronnie Famous has appealed from a judgment convicting him of four counts of first-degree sexual assault of a child, and one count of exposing a child to harmful material. He has also appealed from an order denying a portion of ...

“The prejudice issue here is whether his counsel’s performance resulted in the seating of a biased juror, not whether a differently composed jury would have acquitted him. … Accordingly, at the postconviction stage Koller needed to show that if his ...

David L. Kelly appeals from a judgment of conviction of first-degree sexual assault of a child. He argues that his constitutional rights were violated by the exclusion of evidence of the victim’s prior sexual contacts and by admission of his ...

“However, we remand the case for a determination whether it was fundamentally unfair to apply the doctrine at his trial and with directions that the court consider the fifth factor set out by the court in Michelle T. v. Crozier, ...

Antonio Q. Cruz appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that he is entitled to a new trial in the interests of justice because the ...

Philip Sorensen appeals his divorce judgment and challenges child support, maintenance, property division and attorney fees. His former wife, Elaine Sorensen, cross-appeals, challenging maintenance, the allocation of debts, and the award of attorney fees. We affirm the judgment. This opinion ...

“[D]efendants’ contention that Ramos was willing to speak freely at the Sept. 28, 1998 deposition is belied by the fact that, at that deposition, Ramos invoked the Fifth Amendment in response to several general questions which could not possibly have ...

Connie L.J. appeals an order transferring primary physical placement of her daughter, Ashley, to her father Michael D. Connie argues that the circuit court erroneously determined that (1) the evidence demonstrates a substantial change in circumstances since the previous order, ...

“Stanciel has presented an argument that the district court abused its discretion by dismissing defendants Lowery, Kelly, and Reider for lack of timely service. He claims the district court erred by invoking Local Rule 7.1(B) to dismiss defendants for improper ...

This is an appeal from an order terminating the parental rights of Brian C. to his natural daughter, Nicole M.C. The sole issue is whether the trial court lost competency to proceed when it failed to hold the fact-finding hearing ...