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

“The referee further found that by misappropriating clients’ funds being held in his trust account Attorney Lieuallen violated the standard of conduct set forth by this court in Disciplinary Proceedings Against Marine, 82 Wis. 2d 602, 609-10, 264 N.W.2d 285 ...

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

“As plainly as Civil Rule 11(a) requires a signature on filed papers, however, so the rule goes on to provide in its final sentence that ‘omission of the signature may be corrected promptly after being called to the attention of ...

Where the court is evenly divided on whether to affirm or reverse the decision of the court of appeals, the decision of the court of appeals must be affirmed. Court of Appeals, Per Curiam Attorneys: For Appellant: Ellen Henak, Madison ...

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

“New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970’s litigation… [I]nterpretation of those words was ‘necessary’ to fixing the northern ...

We further hold that the statute, Wis. Stat. sec. 948.025, is constitutional, and defendant, who was convicted of the repeated sexual assault of a child, is not entitled to a new trial. In sum, even though the State introduced evidence ...

In this action, the guardians of Merald Whiteaker claim Thomas Thiede exerted undue influence over Whiteaker for the purpose of obtaining Whiteaker’s money, and that Timothy Thiede, Thomas’ son, received title to residential real estate clear of all mortgages and ...

“Under the ADA’s basic requirement that the need of a disabled person be evaluated on an individual basis, we have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of petitioner’s tournaments. As ...

The circuit court erred in holding that sec. 961.45 required application of the “elements only” test of Blockburger v. United States, 284 U.S. 299 (1932) to determine whether the prior conviction was for the same act. Accordingly, we reverse the ...

Kenneth D. Spaulding appeals from judgments entered on jury verdicts convicting him of: two counts of first-degree sexual assault of a child, one count of first-degree sexual assault of a child, and one count of first-degree sexual assault of a ...

“Even under a limited form of the ‘catalyst theory,’ a plaintiff could recover attorney’s fees if it established that the ‘complaint had sufficient merit to withstand a motion to dismiss for lack of jurisdiction or failure to state a claim ...

We therefore affirm the court of appeals. “When Gonzalez told Kelsey to ‘stay put,’ she ran away. We, therefore, conclude that no seizure occurred in the present case, until the officers applied physical force to Kelsey, by catching her after ...

Adam Hill appeals a judgment convicting him of making a bomb threat. He also appeals an order denying postconviction relief. Hill contends that he is entitled to a new trial because he was convicted on the basis of an in-court ...

“When Congress replaced the text of the statute as construed in [McCarthy v. Madigan] with the exhaustion requirement at issue today, it presumably understood that under McCarthy the term ‘effective’ in the former sec. 1997e(a) eliminated the possibility of requiring ...

This is so because the recipient of a durable power of attorney has no personal legal rights in the grant – the power to create, and once created to undo, rests in the principal while that principal is competent, and ...

These appeals arise out of a combined refusal and suppression hearing in an Operating a Motor Vehicle While Intoxicated (OMVWI) prosecution. The trial court concluded that the police officer who stopped and then arrested Michael Flunker did not have a ...

“Indian tribes are ‘unique aggregations possessing attributes of sovereignty over both their members and their territory,’ but their dependent status generally precludes extension of tribal civil authority beyond these limits… The Navajo Nation’s imposition of a tax upon nonmembers on ...

Even though the parents may have known who the abuse reporters were, it was nevertheless an unlawful “disclosure” of the reporters’ identities within the meaning of the statute. “Given the statute’s goal of protecting reporters’ identities, it is appropriate to ...

Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense. He received a sentence of 60 days in jail with Huber privileges, license revocation for thirty months, and a forfeiture of $1,346.50. The sole issue on appeal ...

“The burden of proving the applicability of the supervisory exception… should thus fall on the party asserting it. In addition, it is easier to prove an employee’s authority to exercise 1 of the 12 listed supervisory functions than to disprove ...

“After reviewing the written arguments of both parties and the record itself, the sentencing court made the following findings of fact. At the time of sentencing, the contents of the criminal complaint and pre-sentence report could have justified a multi-count ...

Michael J. Farrell appeals his conviction of operating a motor vehicle while intoxicated (OMVWI). He argues that the circuit court erred in refusing to suppress the results of his blood test. He concludes the circuit court was in error because ...

“The court’s decision on rehearing is flatly contrary to this Court’s controlling precedent, we grant the State’s petition for a writ of certiorari and reverse. As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor’s ...

“With respect to Kimbrough’s limited intellectual capacity, we note that while expert testimony established he had below average intelligence, it did not establish that he is mentally retarded. In addition, while the State’s psychologist testified that Kimbrough’s general ability to ...

uis Hernandez appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). Hernandez contends that the trial court erred in denying a motion to suppress evidence gathered after an allegedly illegal traffic ...

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a ...

David Egger and Marshfield Machine Inc. appeal the circuit court’s dismissal of their suit against Bernard Martin, Brian Schmoll and Innovative Machine Specialists Inc. (IMS) at the close of the plaintiffs’ evidence. They contend that they introduced sufficient evidence to ...

Curtis Dittberner appeals from an order revoking his operating privileges for refusing to submit to a test of his blood. He asserts that the trial court erred by revoking his operating privileges because the State failed to prove that an ...

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...