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

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the ...

Laura J.M. appeals from orders for involuntary medication and treatment. Laura contends that the trial court erred in concluding that she was incompetent to refuse medication. She claims that because the trial court found that she expressed knowledge of the ...

Roger S. Walker appeals from a judgment of conviction entered against him after a jury trial, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. Because we ...

“Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (‘AUSA’), ‘is there a waiver of appellate rights?,’ and the AUSA responded, ‘[t]here is not, Your Honor.’ However, when read in ...

Patrick Behrndt appeals from a judgment of the circuit court dismissing his demand for a trial de novo and awarding John and Gail Hernandez (the Hernandezes) attorney’s fees. Behrndt argues that the circuit court erred in dismissing his demand for ...

Vlado Gazic appeals from the order denying his motion for relief under Wis. Stat. sec. 974.06 (1999-2000). The issue on appeal is whether Gazic received ineffective assistance of counsel. Because we conclude that he did not receive ineffective assistance of ...

“Morris has shown that an actual conflict of interest existed under the second test. Wasserman would seem to have a self-interest in protecting himself from a malpractice claim. However, Morris’s argument was predicated on Wasserman’s purportedly false advice. The judge ...

Charles T. Wagner appeals an order of the circuit court dismissing his petition for review of a decision of the Board of Police and Fire Commissioners for the City of Madison (PFC) because it concluded he did not properly commence ...

Anthony Skibba appeals from a series of judgments convicting him of three counts of causing bodily injury by operation of a motor vehicle under the influence of intoxicants and three counts of failing to perform a duty upon striking an ...

“Valenzuela alleges that his counsel was deficient because he did not call an expert witness to refute the government’s contention that the controlled substances at issue were crack cocaine rather than powder cocaine or another form of cocaine base. At ...

Andrew Webb appeals the judgment divorcing him from Nancy Webb. He claims that the trial court erred in its valuation of the marital estate and that it should have awarded him either maintenance or a larger portion of the marital ...

Robert C. Niebuhr appeals from a court order revoking his driving privileges for refusal to submit to a breath test. For the following reasons, we affirm. This opinion will not be published. Dist IV, Dane County, Fiedler, J., Lundsten, J. ...

“The government presented evidence that Spiller wrote the ledgers and that they were kept in his own bedroom, where he also kept crack equipment and proceeds. A party’s own statements offered against him are considered admissions by a party-opponent, and, ...

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 ...

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective ...

Tammy W. appeals the orders terminating her parental rights to her three children and orders denying her posttermination motions. She contends that the trial court erred because it failed to find that Tammy’s unfitness as a parent was so egregious ...

Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) ...

Four Star Properties, Bernard and Christine Seidling and Seidling Trust appeal those parts of a judgment requiring them to refund alleged overpayments made on a land contract. The trial court concluded the land contract was ambiguous as to the starting ...

Jackson Carpenter appeals from a judgment of commitment as a sexually violent person and from an order denying Carpenter’s postcommitment motion. He raises several issues. We affirm all issues except the Thiel II issue, on which we reverse and remand. ...

Christopher Sudeta appeals a summary judgment dismissing his third-party complaint for contribution against Vilas County. Sudeta, who was sued because of an automobile collision, claimed that a deputy sheriff’s negligence contributed to cause the accident. The circuit court concluded the ...

“We decide this case in a published opinion to alert other federal courts that Simon is flooding the courts with ERISA claims virtually identical to the ones raised here. After the Central District of California dismissed Simon’s suit against 1600 ...

Stephen J. Kasun, Jr., and his wife, Edna Kasun, appeal from the judgment, following a jury trial, dismissing their action against Owens-Illinois, Inc., and from the circuit court’s denial of their postverdict motions. They present numerous arguments, all of which ...

“The certification order must be reversed, and not only because one-way intervention is forbidden. Fed. R. Civ. P. 23(c)(2)… The rule could not be clearer, and this is hardly a case in which class action treatment is obviously appropriate. Quite ...

Deanna and Terry Graetz appeal from a judgment dismissing their claims against Wal-Mart Stores, East Inc. and Wal-Mart’s insurer for injuries Deanna Graetz (Graetz) suffered when items fell off a shelf and hit her on the head and shoulders while ...