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

The State of Wisconsin appeals from an order suppressing all the evidence gathered after an investigative traffic stop following an anonymous cell phone call and dismissing the complaint against Deann K. Baer. We reverse the judgment of acquittal and the ...

“Mr. Massey submits that there are no administrative remedies available to him because FCC Pekin’s grievance procedure cannot provide him with money damages, which is the only form of relief he seeks. The Supreme Court’s recent decision in Booth forecloses ...

This is so because there was no intent expressed in the lease to create a security agreement and a contrary conclusion would derogate from the common-law principle that a security deposit creates only a debt. “Because we conclude that Wis. ...

Edwin C. Sauey (Ed) appeals from the maintenance component of his judgment of divorce from Beverly A. Sauey (Ann). Ann cross-appeals from the property division. We affirm both aspects of the judgment for the reasons discussed below. This opinion will ...

Dean Cutsforth appeals a judgment convicting him of operating while intoxicated, second offense. He also appeals an order denying postconviction relief. He contends that his warrantless arrest violated his Fourth Amendment rights, requiring the suppression of all evidence taken incident ...

“[T]he district court reached the right outcome regarding Michael’s First Amendment claim because Michael failed to set forth evidence that he engaged in protected speech. Indeed, there is no evidence in the record definitively establishing what he said to Linn. ...

“Increasing the property tax base, providing employment opportunities, and attracting tourists are all legitimate public purposes, and the City may constitutionally appropriate funds to accomplish these goals. [Citation] Here, Alexander has the burden to demonstrate that it is ‘clear and ...

Thomas Eugster appeals from the trial court’s order allowing Dawn Breedlove, his former wife, to move to Antigo, Wis., with their daughter, Michaela. Eugster argues that Breedlove’s motion for permission to move with Michaela to Antigo should have been dismissed ...

Kevin Mitchell appeals a judgment convicting him of failing to report to jail, and an order denying postconviction relief. Mitchell entered a guilty plea to the charge, and then moved to withdraw his plea before sentencing. The trial court denied ...

“[W]e find that the defendants met their initial burden of production in moving for summary judgment. They submitted affidavits which represented that prisoners throwing matter or grabbing guards through the cuffports is a security threat and that the cuffport doors ...

“The evidence necessary to support a claim of bad faith is very different from that necessary to support a claim for UIM benefits. While the Dahmens’ claim for UIM coverage will turn on the amount of their damages, a claim ...

Virginia Strelick has appealed from a judgment of divorce from the respondent, Richard Strelick. In the divorce judgment, Virginia was awarded maintenance of $900 per month for a period of 10 years. Because the trial court erroneously exercised its discretion ...

Sisakhone Douangmala appeals an order denying his motion to withdraw his no contest pleas on the ground that he did not understand the risk of deportation that arose from his pleas. In an earlier appeal, this court remanded the matter ...

“[T]he pertinent judicial landscape has changed with the Supreme Court’s decision this past term in Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 121 S. Ct. 1835 (2001). Rejecting the ‘catalyst’ theory under ...

“The trial court not only correctly emphasized intent but correctly included other factors in its instruction. The other factors the trial court instructed the jury to consider were Kyle’s frequency and duration of stays at the Tetting home, his personal ...

American Hardware Insurance Group (AHIG) appeals an order requiring it to pay Dennis Schmitz the $250,000 liability limit on his underinsured motorist’s (UIM) coverage. The issue is whether the policy sets forth an unambiguous, enforceable reducing clause, limiting AHIG’s liability ...

Knova K. Green appeals from the judgment of conviction entered following his guilty plea to one count of possession of cocaine with intent to deliver, and the order denying his postconviction motion seeking to withdraw his guilty plea. On appeal, ...

“This distinction between challenges to events that are novel to the resentencing (and will be treated as initial collateral attacks) and events that predated the resentencing (and will be treated as successive collateral attacks) has been adopted by every other ...

Timothy Novak appeals a set of judgments convicting him of one count of being party to the crime of arson, two counts of insurance fraud, and one count of false swearing, and also appeals an order denying his motion for ...

“Application Note 2 to sec. 3A1.1 (b)(1) … defines ‘vulnerable victim’ for purposes of the guidelines as a person (A) who is a victim of the offense of conviction and any conduct for which the defendant is accountable under sec. ...

The State appeals from a pretrial order suppressing the statements given to a police officer in a postpolygraph interview. The trial court ruled that the statements given by Anthony L. Gipson in the interview were so closely related to the ...

Where the injured employee’s allegations in the complaint raised claims based solely on WEPCO’s negligence and conduct, Time-Warner had no duty to defend or indemnify WEPCO for WEPCO’s own negligence. “Travelers’ argument for indemnification from St. Paul is premised on ...

Eddie Lee Quinn appeals from an order denying his motion for an evidentiary hearing to establish that he is entitled to postconviction relief. Although Quinn concedes that he failed to raise on appeal the issues he is currently asserting, as ...

Although we agree with Ellis that a marriage cannot be annulled because Marjorie died during that period, the estate was not asking that the marriage be annulled, it was asking that the marriage be declared null and void. And, even ...

Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel ...

“Rural argues that specific provisions of an insurance contract control over general provisions, a proposition with which, as a general rule of construction, we have no quarrel. However, we cannot agree that, absent an exclusionary reference over to the supplemental ...

Thomas Dahl appeals from a judgment of conviction and from an order denying his motion to suppress evidence. Dahl contends that Wis. Stat. sec. 343.305, Wisconsin’s Implied Consent Law, is unconstitutional under the Fourth Amendment to the United States Constitution, ...

Although plaintiffs contend that the exclusion is prohibited by Wis. Stat. sec. 631.43(1) because both Eric’s van policy and his father’s truck policy improperly agreed to indemnify Eric against the same loss, we reject that contention. “It is true that ...

Neil Wakershauser appeals a judgment of conviction and sentence for operating a motor vehicle while intoxicated (OWI) as a fourth offense. On appeal, he originally challenged the validity of both his second and third prior convictions, claiming that he did ...

Accordingly, we reverse the trial court’s grant of summary judgment dismissing the claims against the company in connection with Kreuser’s failure to drive the employee home. However, we affirm the dismissal of plaintiff’s claims against the company based on respondeat ...