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

“Although a sexually violent person, committed under Chapter 980, is not a criminal defendant, he or she has the same constitutional rights as a criminal defendant. See Wis. Stat. § 980.05. It therefore follows that an individual committed under Chapter ...

“We agree with Skidmore that his decision not to present any witnesses or evidence should not have been referred to as a ‘failure’ of any kind on his part. The court’s use of this word in the instruction is problematic ...

Duane G. Powers appeals from a harassment injunction issued against him at the request of Lynn E. Salonen. Powers argues on appeal that there was insufficient evidence of harassment, that Salonen did not establish that he intended to harass her, ...

Ronald K. Key appeals his conviction for theft and an order denying his postconviction motions. He claims that his conviction should be overturned because the State failed to give him sufficient notice of what conduct violated sec. 943.20(1)(b) and because ...

“State ex rel. J.H. Findorff v. Circuit Court for Milwaukee County, 2000 WI 30, 233 Wis. 2d 428, 608 N.W.2d 679, sets forth the applicable law relating to substitutions on remand, and the circuit court will apply the Findorff case ...

“What we have here is the police following a trail which led, very quickly, to Morrison. … [A] witness saw a black man running from the bank heading toward a parking lot for a neighboring apartment building. They had a ...

Assuming, arguendo, that the Good Housekeeping Seal provided an express, limited warranty to Susan Shoemaker and that such a warranty was breached during the course of the move provided by Wheaton Van Lines Inc., we conclude that the breach was ...

“No matter which angle we choose for viewing the Customs ruling letter in this case, it fails to qualify under Chevron. On the face of the statute, to begin with, the terms of the congressional delegation give no indication that ...

The order granting bypass of the court of appeals is vacated and the cause is remanded to the court of appeals. On Petition to bypass the court of appeals; Per Curiam Attorneys: For Appellant: Warren D. Weinstein, James E. Doyle, ...

“At the most, the Strzelecs’ negligence claim against the City and Bennett is based on a retrospective, result-colored analysis of how they contend the governmental discretion should have been exercised. Section 893.80(4) bars that claim.” Further, we reject plaintiffs’ claim ...

Alberta P. Lessard appeals from a judgment convicting her of disorderly conduct, see Wis. Stat. sec. 947.01, following a bench trial. We affirm. This opinion will not be published. Dist I, Milwaukee County, Siefert, J., Fine, J. Attorneys: For Appellant: ...

Vance R. Stark appeals from a judgment granting Jon A. Haas a default judgment. Because the circuit court did not misuse its discretion by declining to extend the time for Stark to answer Haas’s complaint and entering a default judgment, ...

Joinder and severance; jury instructions Daniel F. appeals a judgment convicting him of first-degree sexual assault of a child and an order denying his motion for postconviction relief. He argues that his conviction should be overturned because (1) the trial ...

“Dye has not cited, and we have not found, any case holding that a mutual release of civil liability is unenforceable under federal law. Federal courts have not embraced the view, see Owen M. Fiss, Against Settlement, 93 Yale L.J. ...

Karen Bammert appeals a judgment dismissing her action for wrongful discharge, claiming that her termination from employment violates public policy. Bammert alleges that she was fired because her husband, a police officer, participated in her employer’s wife’s arrest for driving ...

Speedy trial; presumptively prejudicial delay Pharoah Morris appeals a conviction for armed robbery. He contends that he did not receive a speedy trial, in violation of the Wisconsin and United States Constitutions. We disagree, and therefore affirm. This opinion will ...

“The district court … thought the date of accrual was when the plaintiff discovered he had a medical problem that required attention. This would be correct if the suit were for medical malpractice. … But it is not; malpractice does ...

The Milwaukee Board of School Directors (the board) appeals from an order affirming the findings of the Labor and Industry Review Commission (the commission), which concluded that the board, in violation of the Wisconsin Fair Employment Act (WFEA), unlawfully discriminated ...

Plaintiffs assert, as one argument, that participants in the state retirement system have a property right to have the investment earnings of the fixed trust (the transaction amortization account or TAA) distributed in the manner set by the pre-Act 11 ...

Under [Califano v. Goldfarb, 430 U.S. 199 (1977)], dependency requirements violate the Equal Protection Clause. But [Heckler v. Mathews, 465 U.S. 728 (1984)] recognized that such a requirement may be revived if it is substantially related to a legitimate purpose ...

Thomas and Barbara Volden appeal from a judgment dismissing their complaint against OKK Corporation and OKK U.S.A. Corporation (collectively, OKK). They challenge each of the trial court’s rulings on motions after verdict, particularly as those rulings rest on the trial ...

“There is no dispute that county employees who have passed their probationary period have a protectible property interest in their jobs because state law precludes their discharge without ’cause.’ “Milwaukee County employees also have a property interest in a pension ...

“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious ...

Dean K. Sossaman appeals from an order vacating a stipulation modifying a judgment of divorce. The issue presented is whether the circuit court erroneously exercised its discretion when it vacated a stipulation and order. Because we conclude that the court ...

“As aggravating factors to be considered, the parties stipulated that his position as a public official constituted a violation of the public trust and that his multiple withdrawals of these funds over a period of time constituted a pattern of ...

“Guerrero next offers statistical studies conducted by an expert, Dr. LaLonde, tending to show that Hispanic and Black agents are promoted far less frequently than other agents. We have found statistical evidence to be admissible and helpful in disparate treatment ...

“What matters for purposes of the Free Speech Clause is that we can see no logical difference in kind between the invocation of Christianity by the Club and the invocation of teamwork, loyalty, or patriotism by other associations to provide ...

Rebecca E. (hereafter “Becky”) appeals an order denying her motion to vacate the order terminating her parental rights to Samantha W. Becky complains that the trial court failed to advise her of her right to substitution of judge at the ...

“Wisconsin Stat. sec. 968.20 does not expressly state that a circuit court may award monetary damages if seized property is not returned. Furthermore, the circuit court did not obtain personal jurisdiction over the City in accordance with the statutes governing ...

“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this ...