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

“The plaintiffs emphasize the lack of training of the intake officers and the inadequacy of the checklist that they used in interviewing newly booked-in prisoners to determine whether they are suicide risks. The officers had only the most general training ...

The statute’s language is too strong to give the chapter 35 reference independent operative effect. The unambiguous language outside the parenthetical says without qualification that the subsection applies to “provisions … concerning the reporting and withholding of taxes”; and the ...

“Here, the reasonable suspicion that Olson was involved in the burglary, the strong governmental interest in solving crimes, and the purposeful avoidance of the police by Olson make Bach’s traffic stop a reasonable one under the facts and circumstances of ...

Darryl Pierce appeals a judgment convicting him of attempted armed robbery and an order denying postconviction relief. He argues that he was denied effective assistance of counsel because defense counsel failed to impeach a key prosecution witness with inconsistent statements. ...

“He isn’t challenging the arrest, or the seizure of evidence pursuant to it, but the (alleged) use of excessive force by the police in effecting the arrest. It might appear that because the defendants deny having used excessive force, the ...

Childeric Maxy, pro se, appeals the circuit court’s order dismissing his small claims complaint against Julia Meyers for compensation and for return of personal belongings left at her home. For the reasons explained below, we affirm. This opinion will not ...

Diane K. Butz appeals from the decision of the trial court finding that her refusal to submit to chemical testing was unreasonable. In this appeal, she challenges the credibility of the arresting officer and contends that if the finder of ...

“Mr. O’Reilly argues that the Plan requires a finding of total disability if he is not able to earn at least 60% of his pre-disability income. He maintains that any position that does not provide compensation at this level ought ...

Mayville Die & Tool Inc. appeals a summary judgment which dismissed its misrepresentation claims against Weller Machinery Company. The issues are: (1) whether the fraudulent advertising statute, Wis. Stat. sec. 100.18(1) (1999-2000), applies to representations made between parties who have ...

Jeno Herman appeals a judgment convicting him of operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration. He argues that the trial court erred by denying his motion to suppress because the arresting ...

“There is nothing unlawful about a leave policy that distinguishes between leave that is due to a court order and leave to enable an employee to engage in private business, including the filing of lawsuits. It would be one thing ...

Laurie Muchow appeals the judgment divorcing her from Michel Muchow. The issue is whether the trial court properly valued Michel’s pension for purposes of dividing the marital property. We affirm the trial court’s valuation as a proper exercise of its ...

Scott Baskin appeals a 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 based upon a lack of ...

“As principal, Ms. Vargas-Harrison served as the highest ranking school official at Knapp Elementary. In this position, she exercised discretion over the organizational structure of her school. She assisted in the selection, supervision and evaluation of the faculty at Knapp. ...

Karen Buzzell appeals the property division awarded in a judgment divorcing her from James Buzzell. Karen claims the trial court erred in awarding James the entire value of his 401(k) plan, instead of dividing the increase in the plan’s value ...

Ryan Horneck appeals from the circuit court’s order revoking his driving privileges for refusing to submit to a chemical test requested pursuant to Wisconsin’s Implied Consent Law, Wis. Stat. sec. 343.305. At the refusal hearing, Horneck contended, as he does ...

“We agree with Kinney that the district court’s judgment should be vacated and the case dismissed because the appeal is moot. See Barbour, 583 F.2d at 337. However, the mootness of the appeal and the vacatur of the district court’s ...

Don Patenaude appeals a summary judgment dismissing his breach of contract and bad faith claims against Safeco Insurance Company of America. We conclude that Patenaude failed as a matter of law to comply with the terms of his insurance policy ...

Danny R. Caldwell appeals from an amended judgment of conviction imposing an added period of confinement as a condition of probation. Caldwell contends that the trial court’s modification of the judgment violated his due process rights as set out in ...

“Wis. Stat. sec. 114.14 provides that ‘[t]he governing body of a city, village, town or county may adopt regulations, and establish fees or charges for the use of [an] airport or landing field . . . .’ Miller alleges that ...

Although there may be circumstances when, based on probable cause, an arrest is inevitable and therefore it is a mere formality whether arrest comes before or after the search, in this case no arrest was going to occur at the ...

Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his ...

Cartiere Binda in Liquidazione S.p.A. (Binda), an Italian paper manufacturer, appeals a judgment dismissing its third-party complaint against its insurer, Riunione Adriatica Di Sicurta S.p.A. (RAS). Binda argues that the circuit court erroneously determined that it had no personal jurisdiction ...

“The OLR complaint against Attorney Dumke alleged, and the referee so found, that after undertaking to represent a client in a specialized area of law with which he was unfamiliar and inexperienced, Attorney Dumke had failed to gain the requisite ...

Kelly Endl appeals the trial court’s judgment dismissing her claim against the School District of Beloit. Endl argues: (1) that the School District breached its voluntary agreement to settle her federal discrimination claim; (2) that the School District violated the ...

“Attorney O’Byrne’s misconduct with respect to his handling of the estate and his failure to cooperate with the OLR’s investigation are serious failings warranting a suspension of his license. A 60-day suspension of his license to practice law is appropriate ...

Gary Wistrom appeals a summary judgment dismissing his claims for wrongful disclosure of medical records against Employers Insurance of Wausau and its employee, Margery Derby. We conclude that, under Wis. Stat. sec. 102.13(2)(a), an employee waives the physician-patient privilege with ...

“Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, ‘-where one of the victims was his own child’, and the following language from the ...

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has ...

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ...