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

LeRoy Senn appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Senn argues that: (1) the trial court erred by denying Senn’s motion to dismiss at the conclusion of the ...

“In order to resolve the statute’s ambiguity in the context of this fact situation, we consider the legislative history which the court discussed in Martin. As the court there explained, prior to the last major amendment of the statute in ...

Kimberly Langenfeld appeals her conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). The sole issue on appeal is whether the arresting officer had reasonable suspicion to detain Langenfeld in order to perform field sobriety ...

“We have held that a suspect may not walk away from an officer conducting a Terry stop, and that the officer may restrain any suspect who attempts to do so. State v. Goyer, 157 Wis. 2d 532, 538, 460 N.W.2d ...

Gerald Trainor appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI). The circuit court found Trainor guilty of these charges after it denied his motion to suppress evidence gathered by police after his arrest. The ...

“[T]he State admits that the facts recited in the affidavits are ‘scant,’ but argues that they are not so thin as to be insufficient for probable cause. The State points to several facts in the affidavits: (1) Mary’s telephone was ...

Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to ...

“While we recognize that the police were the agents of the city, the fact remains that it was the police, not the city, who were the direct and actual victims of Ortiz’s crimes. Ortiz did not threaten to injure the ...

Thomas Highman appeals two judgments of conviction, one for operating a motor vehicle after revocation, fifth offense, and one for operating a motor vehicle while intoxicated, sixth offense, and the orders denying his motions for postconviction relief. He contends that ...

Watertronics Inc. appeals from a judgment entered after the trial court granted Flanagan’s Inc.’s motion to dismiss based on lack of personal jurisdiction. Watertronics claims that the trial court erred as a matter of law in concluding that it did ...

Thomas Fetzner appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, second offense. He argues that the circuit court erred by denying his motion to suppress evidence because the citizen informant’s tip ...

Michael V.H. appeals pro se from a remedial contempt order for failure to pay child support as the biological father of Athena H. Michael asks that this court reverse the remedial contempt order and remand the matter to the circuit ...

Richard Posius appeals from a judgment convicting him of operating a motor vehicle with a prohibited alcohol content (PAC), second offense. He argues that the trial court erred by denying his motion to suppress evidence seized subsequent to the police ...

Delores R. appeals from an order terminating her parental rights to her 14-year-old son, Samuel R. Jr. She argues that: (1) her due process rights were violated because the foster parents and the social workers interfered with her ability to ...

Darla J. Tilley appeals from the judgment convicting her of possession of a controlled substance (500 grams or less of marijuana) with intent to deliver. Tilley first challenges the trial court’s decision denying her motion to suppress the marijuana and ...

Donivan and Karen Molitor appeal a judgment that affirmed the Rusk County Board of Adjustment’s decision to deny their request for a side yard setback variance. They argue that the board failed to follow proper procedure, its decision was not ...

“[The exceptions to competitive bidding practices enumerated in CICA’s Section 2304(c)], including the sole source exception, reference situations in which either a national emergency or a narrow set of compelling circumstances requires that a branch of the armed services must ...

Jessie Fitzl appeals his judgment of conviction for substantial battery. He also appeals from an order denying his postconviction motion. Fitzl claims: (1) the trial court erroneously exercised its discretion by excluding evidence of events that took place outside the ...

“Plaintiff repeatedly asserts that she is not asking us to review the state court determination because her complaint does not ask us to grant her certification to the bar. While she might not be asking us to review the state ...

Rhonda Spaulding appeals from the judgment convicting her of first-degree sexual assault. Spaulding argues that the bindover should not have occurred because the child-victim’s videotape, the primary evidence used against Spaulding at the preliminary hearing, was improperly admitted. She also ...

“[I]f there was any error in giving instruction # 6 along with instructions 9 and 10, we find that it was harmless. Instruction # 6 did not specifically state that it was defining ‘preponderance of the evidence,’ but it provided ...

Chad Everts contends that the prosecutor in this case, assistant district attorney Shelly Rusch, intentionally provoked a mistrial because her case was going badly and, therefore, that double jeopardy attached such that it was error for the trial court to ...

“Mr. Quilling argues that he was unduly prejudiced because the Government argued, and the jury possibly inferred, that Mr. Quilling possessed the gun because he possessed the bullets and vice versa. However, ‘”prejudice requiring severance is not shown if evidence ...

Ernie Von Schledorn appeals from the trial court’s order granting summary judgment to United Fire & Casualty Company. Von Schledorn claims the trial court erroneously determined: (1) that its insurance claim was untimely; and (2) that United properly denied the ...

Defendant-appellant Daniel R. Nehring appeals an order, entered after a refusal hearing under Wisconsin’s implied consent law, which revoked his driver’s operating privileges for one year. Nehring was arrested on Aug. 11, 2000, after he drove his truck into a ...

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and ...

David L. and Mitzi L. challenge the validity of an order issued by the circuit court on Nov. 14, 2000, extending the County’s supervision of their daughters, Jessica L. and DeAnna L., and extending Jessica’s out-of-home placement with her grandmother. ...

Terrence Hood appeals from judgments convicting him on two armed robbery counts, three false imprisonment counts, and one count of auto theft. He also appeals from the order denying him postconviction relief. In exchange for certain concessions, Hood entered no ...

“We cannot think of any fundamental or economic objection to the restatement proposed by the gas company, which would eliminate any difference in taxation between a utility’s being forced by the regulators to reduce its rates and its being forced ...

Kurt J.K. appeals from a CHIPS dispositional order of the circuit court placing his daughter Jennifer N.K. with her maternal grandparents. Kurt’s arguments primarily focus on the sufficiency of the evidence justifying this placement. Kurt also argues that something more ...