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

“We join the First and the Ninth Circuits in concluding that Congress has clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively… Section 321 of IIRIRA contains a clear and express directive from Congress that the amended definition of ‘aggravated felony’ should be applied to any and all criminal violations committed by an alien after his ...

This appeal arises from a judgment following a jury verdict in a medical malpractice case. Dr. Bruce Heyl, St. Elizabeth Hospital, and their respective insurance companies (collectively, Heyl and St. Elizabeth), argue that (1) insufficient evidence supports the jury’s verdict as to cause; (2) insufficient evidence supports the jury’s verdict as to liability; (3) the award for loss of society ...

“The district court here found the government’s reasons to be adequate and race-neutral. We agree that the reason stated is clear, specific and related to the case. The government had some information that Juror P could be related to a family known to the local police for its drug activities. Juror P resided in a relatively small town, and the ...

Kenneth J. Seely appeals from a judgment convicting him of three counts of substantial battery with intent to commit bodily harm, second-degree sexual assault and intimidating a victim and from an order denying his postconviction motion for sentence modification. On appeal, Seely argues that the circuit court erroneously admitted into evidence an excited utterance of the victim, there was insufficient ...

“Where, as here, the record is void of any specific information regarding the occurrence and nature of, as well as the circumstances surrounding the ex parte contacts, the impact thereof upon the jurors, and whether or not the juries were prejudiced, a hearing in which all interested parties are permitted to participate is not only proper but necessary. Remmer, 347 ...

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. [citation]. The attorney general concluded that the detainee was not a patient within the definition of the statute because while ...

Charles E. Hennings appeals from a judgment entered after a jury convicted him of felony murder. Hennings also appeals from the trial court’s order denying his postconviction motion for a new trial. Hennings argues that the circuit court erred in denying his postconviction motion and entering judgment because: (1) an alternate juror tainted the jury’s deliberations by sharing extraneous prejudicial ...

“We believe that the government’s notice did not adequately summarize or describe Erk’s trial testimony. The Rule requires a summary of the expected testimony, not a list of topics. The government’s notice provided a list of the general subject matters to be covered, but did not identify what opinion the expert would offer on those subjects. For example, the statement ...

“In this case, we agree with Fields that the information filed on October 2 was woefully inadequate and failed to technically comply with the pleading requirements of Wis. Stat. § 973.12(1) as interpreted by the Gerard court. The information, by itself, failed to identify the date and nature of the offense that served as the basis of the repeater allegation. ...

Leland Jarvey appeals from a judgment entered on a jury verdict convicting him of first-degree murder. Jarvey seeks a new trial on grounds that the trial court erroneously exercised its discretion when it admitted other acts evidence that Jarvey allegedly sexually assaulted a woman and denied Jarvey’s request to impeach the woman’s credibility with prior crimes evidence. First, we conclude ...

“The district court’s bare holding that Seward was ‘being untruthful’ falls short of even a liberal application of Dunnigan. Although the district court’s ruling certainly indicates that the court found one element of perjury, false testimony, and read generously, could also indicate a finding that Seward’s false testimony was willful, the district court gave no indication that it considered the ...

Although the juror himself said that he did not understand English well enough to competently hear the case, we conclude that the trial court properly considered all the evidence that informed on Vera’s ability to comprehend English, and found that he understood English well enough to fairly and impartially hear the case, regardless of Vera’s opinion. “The trial court made ...

Aaron Hicks appeals a judgment of conviction for second-degree sexual assault with an unconscious person, and the order denying his motion for postconviction relief. He contends he was denied effective assistance of counsel because trial counsel did not consult an expert on alcohol-induced blackouts and because trial counsel did not investigate his repeater status when a plea offer was made. ...

“Congress provided in the FCRA that the two-year statute of limitations runs from ‘the date on which the liability arises” subject to a single exception for cases involving a defendant’s willful misrepresentation of material information. sec. 1681p. The most natural reading of sec. 1681p is that Congress implicitly excluded a general discovery rule by explicitly including a more limited one. ...

South Beach Capital Markets Incorporated appeals from the circuit court judgment confirming an arbitration award of $175,000 to Yasmin Horvath and amending the caption of the case to change the defendant’s name from “Collopy & Company, Inc.” to “Collopy & Company, Inc. n/k/a South Beach Capital Markets Incorporated,” and from the order denying its motion to vacate that judgment. South ...

Ernest Burton appeals from a judgment entered after a jury convicted him of robbery – use of force, and habitual criminality. Burton also appeals from the trial court’s order denying his postconviction motion. Burton argues that he was denied effective assistance of trial counsel. Burton also argues that the trial court erred in denying his postconviction motion without holding a ...

“There is certainly nothing arbitrary about the Board’s decision to independently review prior disciplinary violations. Neither the Federal Circuit nor respondent has suggested that the Board has applied this policy inconsistently-indeed, the Board has taken this same approach for 19 years. See Carr v. Department of Air Force, 9 M. S. P. B. 714 (1982). Nor have they argued that ...

Mohns Inc. appeals from the judgment awarding Harley Paws Inc. $21,958.82 in damages, following a court trial. Mohns argues that the trial court erred in finding that it breached the construction contract it had entered into with Harley Paws. Mohns also argues that the trial court’s damage findings are arbitrary and excessive. Finally, Mohns argues that Harley Paws wrongfully terminated ...

A jury convicted Robert L. Albert of operating a motor vehicle with a prohibited blood-alcohol concentration of .10 percent. The jury also found him not guilty of operating a motor vehicle while under the influence of an intoxicant in connection with the same incident. He appeals from the judgment entered on the verdict of guilty, but mistakenly identifies it as ...

Even though the bus companies maintained that the MPS records custodian was required, under Woznicki v. Erickson, 202 Wis.2d 178 (1996) and Klein v. Wisconsin Resource Center, 218 Wis.2d 487 (1998), to set out exactly what factors were considered in arriving at its decision to release the information, we can find nothing in either Woznicki or Klein that requires the ...

Beverly Wilson appeals an order affirming a decision of the Milwaukee Employees’ Retirement System Annuity and Pension Board. The issue is whether there was sufficient evidence to support the board’s determination that Wilson is not incapacitated for duty as a result of a workplace injury. We affirm. This opinion will not be published. Dist IV, Milwaukee County, Dugan, J., Per ...

Corey Schulte appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). He claims that the trial court erred in denying his motion to suppress the results of a blood test administered following his arrest. Schulte concedes, however, that under the holding in State v. Thorstad, 2000 WI App 199, 238 Wis.2d ...

Waukesha County appeals a circuit court order concluding that Jason H., an incompetent with a guardian, is a resident of Waukesha County for purposes of determining which county is responsible for funding Jason H.’s protective placement care. Waukesha County seeks reimbursement from Dodge County for all protective placement costs paid by Waukesha County. The central dispute in this case regards ...

William Eckola was convicted of operating a motor vehicle with a prohibited alcohol concentration, sixth offense. The State argues that the circuit court erroneously exercised its discretion by placing Eckola on probation without requiring him to serve at least the presumptive minimum period of incarceration required by Wis. Stat. sec. 346.65(2)(e). We agree. Therefore, we reverse the order and remand ...

Cassandra M. appeals an order requiring her to pay $1,500 restitution to the Hudson School District after she was adjudged delinquent for a bomb scare as party to a crime. Cassandra argues that the trial court erred by construing “damage to the property of another” in Wis. Stat. sec. 938.34(5)(a) as including the salaries paid to teachers, administrators and staff ...

Ryan Ross appeals from a judgment of conviction, following his guilty plea, for possession of a controlled substance. Ross contends that the trial court erred in denying his motion to suppress. Specifically, Ross argues that his “Fourth Amendment rights were violated when the police [while executing a search warrant for his premises] smashed in the door to his house instead ...

This is a termination of parental rights case. Michael J.R., whose rights to his four natural children were terminated, raises three arguments, each of which we reject. His claim that Wis. Stat. sec. 48.415(4) is unconstitutional as a violation of substantive due process is waived. His argument that the trial court erred by not making its egregiousness determination in accordance ...

In court of appeals case No. 99-0957, Nathan Lalor has appealed from a judgment committing him for institutional care in a secure facility based upon a determination that he is a sexually violent person within the meaning of Wis. Stat. sec. 980.01(7) (1999-2000). In court of appeals case No. 00-0552, Lalor has appealed from an order denying his motion for ...

Esther T. appeals from an order terminating her parental rights to Deon R.D., Jr. Esther claims the trial court erroneously exercised its discretion when it terminated her parental rights even though she complied with all the conditions required for the return of her son and because the evidence here was not so egregious as to warrant termination of her parental ...

“[T]he district court instructed the jury that: ‘If you conclude that Ms. Sirko had access to plaintiff’s copyrighted sculpture you should find in favor of plaintiff Susan Wakeen Doll Company if you find that defendant’s sculpture is substantially similar to plaintiff’s copyright.’ The problem with this jury instruction was that it suggested that Wakeen could prevail on its copyright infringement ...