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

Maxine Anderson appeals from a judgment convicting her of child abuse and first-degree reckless homicide. On appeal, she argues that she was prejudiced by the prosecutor’s improper cross-examination of her, the circuit court should have granted her motion for a ...

“The statute states that if the damages are caused by the wrong of the City ‘and of any person, or private corporation, such person or private corporation shall be primarily liable therefor.’ Wis. Stat. § 81.17. Therefore, a person who ...

Andrew Cotton appeals his judgment of conviction of a disorderly conduct municipal forfeiture and an order denying his motion to suppress evidence. Cotton argues that there was no reasonable suspicion to pull his car over and that his continued detention ...

“We do not agree with Beverly Enterprises that we should begin our analysis by deciding if LIRC’s interpretation of 26 U.S.C. § 104(a)(1) in [Lancour v. Mauer Bakeries, WC claim No. 84-54115 (LIRC 1990)] was correct. The basis for LIRC’s ...

Steven Hinzmann appeals from the trial court’s order determining that he unlawfully refused to submit to a chemical test. He contends that since he did ultimately agree to submit to a blood test, the purpose of the refusal statute was ...

“[D]oes Finer Foods have a decent chance of success on the merits? You bet it does. The suspension order, by the Chief of the Fruit and Vegetables Program Branch, apparently was issued without an opportunity for a hearing. The order ...

“The State asserts that Jennings was formally accused and the prosecution commenced with the timely filing of the complaint and the issuance of an order to produce. It argues that an order to produce is sufficiently like a warrant or ...

Ydbi Islami appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), first offense. Islami was found guilty of the charge following a jury trial. He is contesting the trial court’s denial of his motion to ...

“Plaintiffs … alleg[e] that before the merger both SBC and Ameritech were regulated common carriers, each a monopolist of land-lines service in its assigned territory. Thus plaintiffs allege a diminution in potential competition, rather than a merger between firms currently ...

“Physical force is not essential to a finding of confinement. Wis JI-Criminal 1275. Nor are we persuaded that the presence of an opportunity to escape requires the victim to take that risk, and we know of no law that so ...

Mark Santner, pro se, appeals from the circuit court’s order affirming his probation revocation. Santner argues that his revocation hearing was not timely held, violating Wis. Stat. sec. 302.335(2)(b) (1999-2000) and his right to due process. We resolve these issues ...

“Perhaps the authorization of dip financing and the associated use of preference- recovery proceeds for ‘adequate security’ was imprudent; that some of the secured lenders refused to advance any more funds, even with super-security, suggests as much. (Though the fact ...

We agree with Campbell that the Ohio forgery statute is broader than Wisconsin’s, and that looking solely at the language of the Ohio statute would be insufficient to prove that Campbell was guilty of possessing a firearm as a felon. ...

Corey J. Hampton, pro se, appeals from the circuit court order affirming his probation revocation. He argues: (1) that his due process rights were repeatedly violated; (2) that the Administrative Law Judge (ALJ) erroneously exercised discretion by allowing the introduction ...

“The reason is the reciprocal relation between the length of the limitations period and the grounds for tolling (extending) it. E.g., Wilson v. Garcia, 471 U.S. 261, 269 (1985); Chardon v. Fumero Soto, 462 U.S. 650, 661-62 (1983); Board of ...

In State v. Flowers, 221 Wis.2d 20 (Ct. App. 1998), “the State failed to offer any evidence to prove that the defendant’s prior conviction fell within the five-year time limit of Wis. Stat. § 939.62. Thus, the State failed to ...

Andrew Molzahn appeals from a judgment convicting him of first-degree reckless homicide with the use of a dangerous weapon. Molzahn also appeals from the trial court’s order denying his motion for postconviction relief. He argues that there was insufficient evidence ...

“[W]e have held that when a new party intervenes in a case proceeding before a magistrate judge by consent of the original parties, ‘[u]nless the latecomer, too, consents, the whole proceeding before the magistrate judge may be set at naught.’ ...

Further, defendant was not entitled to sentence credit for the time spent on electronic monitoring because he was not then in “custody” within the meaning of Wis. Stat. sec. 973.155. “We need not determine, however, the contours of the good ...

William H. Roberts pled no contest to bail jumping as a repeater. He seeks relief from the plea on the grounds that he never admitted his repeater status at the time of the plea nor did the State prove his ...

“Hedrich urges that she was stigmatized by the defendants’ statements that she did not meet Whitewater’s standards of scholarship. This inference can be drawn, however, from practically every denial of tenure or termination. ‘Labeling an employee as incompetent or otherwise ...

Defendant maintained that suspension of his license was not warranted because he was not driving at the time of his offense and he needs his car for employment, further arguing that the court had discretion to suspend his license for ...

Mark Lowe appeals a judgment convicting him of several drug offenses. Lowe argues that because the arresting officer lacked probable cause to believe a crime had been committed, the trial court erroneously denied his suppression motion. Therefore, Lowe contends that ...

Ron and Sandra Strand appeal a summary judgment dismissing their claims against their insurer, Auto-Owners Insurance Company. The Strands argue that they did not need to replace personal property in order to obtain the benefit of replacement cost coverage under ...

“After reviewing the Addendum in its entirety, we are persuaded that a reasonable person could and would have readily perceived that acceptance of the GAP coverage offered by Grossinger was voluntary. The Addendum labels its provisions and uses capitalization to ...

CIM MAC Properties appeals from the trial court’s order granting summary judgment in favor of American Family Mutual Insurance Company and denying CIM MAC’s motion for a declaratory judgment. The trial court concluded that CIM MAC’s insurance policy with American ...

“We agree with the district court that Hartford’s argument that it could have denied Hess benefits entirely because her compensation was based solely on commissions ignores both the plain language of the policy and the intent of the parties. As ...

Carlos H. appeals from a circuit court order terminating his parental rights to Christopher H. Carlos argues that the court erroneously exercised its discretion when it ordered that Carlos, as a sanction for failing to attend his deposition, would be ...

“[I]f the City were able to use premium payments in the manner contemplated by the district court, the City would be the recipient of the windfall, and in fact would be placed in a substantially better position than if it ...

Benjamin Mora appeals from a judgment convicting him of first-degree reckless homicide, two counts of first-degree recklessly endangering safety, and three counts of discharging a firearm from a vehicle. On appeal, he argues that the circuit court should have suppressed ...