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

“When Congress replaced the text of the statute as construed in [McCarthy v. Madigan] with the exhaustion requirement at issue today, it presumably understood that under McCarthy the term ‘effective’ in the former sec. 1997e(a) eliminated the possibility of requiring ...

This is so because the recipient of a durable power of attorney has no personal legal rights in the grant – the power to create, and once created to undo, rests in the principal while that principal is competent, and ...

These appeals arise out of a combined refusal and suppression hearing in an Operating a Motor Vehicle While Intoxicated (OMVWI) prosecution. The trial court concluded that the police officer who stopped and then arrested Michael Flunker did not have a ...

“Indian tribes are ‘unique aggregations possessing attributes of sovereignty over both their members and their territory,’ but their dependent status generally precludes extension of tribal civil authority beyond these limits… The Navajo Nation’s imposition of a tax upon nonmembers on ...

Even though the parents may have known who the abuse reporters were, it was nevertheless an unlawful “disclosure” of the reporters’ identities within the meaning of the statute. “Given the statute’s goal of protecting reporters’ identities, it is appropriate to ...

Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense. He received a sentence of 60 days in jail with Huber privileges, license revocation for thirty months, and a forfeiture of $1,346.50. The sole issue on appeal ...

“The burden of proving the applicability of the supervisory exception… should thus fall on the party asserting it. In addition, it is easier to prove an employee’s authority to exercise 1 of the 12 listed supervisory functions than to disprove ...

“After reviewing the written arguments of both parties and the record itself, the sentencing court made the following findings of fact. At the time of sentencing, the contents of the criminal complaint and pre-sentence report could have justified a multi-count ...

Michael J. Farrell appeals his conviction of operating a motor vehicle while intoxicated (OMVWI). He argues that the circuit court erred in refusing to suppress the results of his blood test. He concludes the circuit court was in error because ...

“The court’s decision on rehearing is flatly contrary to this Court’s controlling precedent, we grant the State’s petition for a writ of certiorari and reverse. As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor’s ...

“With respect to Kimbrough’s limited intellectual capacity, we note that while expert testimony established he had below average intelligence, it did not establish that he is mentally retarded. In addition, while the State’s psychologist testified that Kimbrough’s general ability to ...

uis Hernandez appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). Hernandez contends that the trial court erred in denying a motion to suppress evidence gathered after an allegedly illegal traffic ...

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a ...

David Egger and Marshfield Machine Inc. appeal the circuit court’s dismissal of their suit against Bernard Martin, Brian Schmoll and Innovative Machine Specialists Inc. (IMS) at the close of the plaintiffs’ evidence. They contend that they introduced sufficient evidence to ...

Curtis Dittberner appeals from an order revoking his operating privileges for refusing to submit to a test of his blood. He asserts that the trial court erred by revoking his operating privileges because the State failed to prove that an ...

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

Wildeck Inc. appeals from a judgment dismissing its complaint for lack of personal jurisdiction over Thomas J. Cousar and Cousar Painting Company Inc. (collectively, Cousar). The issue on appeal is whether the exercise of personal jurisdiction over Cousar would offend ...

Tyler J. Kingsfield appeals his convictions for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. His argument on appeal is that first, there was insufficient evidence to convict him of the ...

“Because the standard in the ordinance is compatibility with the ‘normal’ activity of the neighborhood and the City relies heavily on testimony by neighbors to determine what that activity is, the plaintiff asks us to consider the possibility that a ...

Daniel Williams, a civilly committed Wis. Stat. Ch. 980 patient held at the Wisconsin Resource Center (WRC), appeals from a trial court order granting the State’s motion for relief from the court’s previous order granting Williams’s petition for supervised release. ...

Patricia K. Messner appeals her conviction for operating under the influence, second offense, with a minor passenger under the age of 16 in the motor vehicle. She contends that there was no probable cause for her arrest, that the trial ...

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

Jerome Foods Inc. and its insurer appeal a judgment affirming a decision of the Labor and Industry Review Commission in which the commission found that Jerome Foods refused to rehire Terri Strzyzewski without reasonable cause. Jerome Foods argues that Strzyzewski ...

Randy S. Alby appeals his conviction for operating while intoxicated following a trial before the court. At trial, he conceded that he was driving while intoxicated, but raised the affirmative defense of involuntary intoxication as the means by which he ...

And this is so even though the Elo congregation continued to function as a church.”In this case, we are not concerned with the intra-church dispute that fueled the Elo congregation’s departure. Moreover, we have not been invited to determine whether ...

Roger Oligney appeals an order denying his motion for relief from a judgment divorcing him from Nancy Coronado and another order finding him in contempt for failing to comply with the divorce judgment. He claims the trial court: (1) erroneously ...

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her ...

Wilcox, J. “In accordance with the policy of encouraging the freedom of movement of employees and protecting their personal liberty, such fluid customer list limitations should be given greater breadth than rigid geographical restrictions because they oftentimes ‘more closely approximate ...

American Family Mutual Insurance Company (American Family) appeals from an order and a judgment declaring American Family liable to Jean Fleishman for $33,000 pursuant to the uninsured motorist coverage in her automobile policy with American Family. The trial court determined ...

Raymond Ferguson, pro se, appeals from the trial court’s order affirming a decision revoking his parole. The issues are: (1) whether the decision to revoke Ferguson’s parole was supported by substantial evidence; (2) whether the decision was arbitrary, capricious, or ...