Shaun A. Costello appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Costello argues that the trial court erred in denying his motion to suppress the results of a blood test taken without ...
Read More »01-0586-CR State v. Richardson
Dennis L. Richardson appeals from an order denying his postconviction motion to modify his sentence. We affirm. Publication in the official reports is not recommended. Dist I, Milwaukee County, Moroney, J., Fine, J. Attorneys: For Appellant: Robert N. Meyeroff, Milwaukee ...
Read More »00-3352 In the Matter of Disciplinary Proceedings Against Matthew O. Olaiya, Attorney at Law
Where attorney Matthew O. Olaiya essentially abandoned his practice by moving out of the country without protecting the interests of his clients, failed to return an advance payment of a fee to a client that had not been earned, failed ...
Read More »00-3497 Eller Media, Inc. v. State of Wisconsin Division of Hearings and Appeals
“Given Eller’s recognized leasehold interest, we conclude that Eller’s injury is to an interest that the law recognizes and seeks to protect. Having lost that interest by virtue of the administrative decision, Eller has suffered an actual injury to a ...
Read More »00-0818-D In the Matter of Disciplinary Proceedings Against Thomas E. Zablocki, Attorney at Law
“The referee, Michael Ash, concluded, and this court agrees, that by representing the wife in the bankruptcy case when his representation was directly adverse to the husband and when his representation of the wife was materially limited by his responsibility ...
Read More »00-3096 In Re the Paternity of Nina R: Ronald J., et al. v. Lisa R., et al.
Lisa R. and Sandra H. appeal from an order and a judgment appointing Laurel W. guardian of Nina R. Lisa (Nina’s mother) and Sandra (Nina’s maternal grandmother) claim that there was insufficient evidence to terminate Sandra’s guardianship, that the trial ...
Read More »00-2877 State v. Blue
The State appeals from a trial court order suppressing evidence resulting from an investigative stop of Kenneth Blue. A police officer approached Blue’s vehicle based on information obtained from an anonymous tip. During the approach, the officer observed suspicious behavior ...
Read More »00-2369 Sapko v. Commercial Union Midwest Insurance Company
Alan J. Sapko has appealed from a judgment entered in favor of his homeowner’s insurer, Commercial Union Midwest Insurance Company, following a jury trial. W e reverse the judgment and remand the matter for a new trial. This opinion will ...
Read More »01-0695-CR State v. Barbosa
Agripino Barbosa appeals from three judgments of conviction and an order denying him postconviction relief. Barbosa argues that the trial court relied on inaccurate information in sentencing and therefore sentence modification is warranted. While inaccurate information was presented to the ...
Read More »01-2047, 01-2048 In Re the Termination of Parental Rights to Eternity E., Sierra E.: Dane County
Dana E. appeals from an order terminating her parental rights to her children, Eternity E. (DOB Dec. 3, 1994) and Sierra E. (DOB July 11, 1996). Dana contends the trial court failed to make the first step in the “egregious ...
Read More »01-1499 In Re Complaint of Holly Marine Towing, Inc., owner of the Barge HMT 7, for exoneration from or limitation of liability
“The obvious reason is that without it the objective of the Limitation Act would be defeated by the happenstance of the shipowner’s not being the only tortfeasor. What sense would that make? “For in a suit for contribution JLG might ...
Read More »01-2009, 01-2010 In Re the Termination of Parental Rights to Eternity E., Sierra E.: Dane County Department of Human Services v. Antjuan E.
Antjuan E. appeals the order terminating his parental rights to Eternity E. and Sierra E. On appeal, Antjuan contends that, after the trial court made its oral decision at the close of the dispositional hearing, it lost competency to sign ...
Read More »99-2431 Furnish v. SVI Systems, Inc.
“The Equal Employment Opportunity Commission Regulations interpreting the ADA (‘ADA regulations’) describe major life activities as activities such as ‘caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.’ 29 C.F.R. sec. 1630.2(i). While this list ...
Read More »01-0863 Heyde Companies Inc., d/b/a Greenbriar Rehabilitation v. Dove Healthcare LLC
“The no-hire provision violates public policy by restricting Greenbriar therapists the right to freely sell their skills in the labor market. Without signing any agreement or even being given notice, a portion of the available labor market has been taken ...
Read More »01-0022, 01-0853 Woychik v. Ruzic Construction Company, et al.
Joycel and Celestine Woychik and Paula and Mark Woychik appeal summary judgments dismissing their tort claims against the Wisconsin Department of Transportation and governmental contractors for injuries incurred when Joycel and Paula drove through a construction site. The department and ...
Read More »01-1119 Covington v. Illinois Security Service Inc.
“In dismissing Covington’s case, the district court concluded that Covington had been negligent in his ‘failure … to pick up his certified mail,’ and, as a result of his negligence, he should be barred from proceeding with his lawsuit. Whether ...
Read More »00-1231 Town of Beloit v. County of Rock
“Moreover, a review of statutory law leads us to conclude that the legislature has considered and approved of municipal bodies acting in the dual role of subdivider and reviewing authority. … Finally, affidavits submitted by the Town indicate that it ...
Read More »01-0236, 01-1184 01-1185 Trivalos v. F.H. Resort Limited Partnership
Bernhard Trivalos appeals from a judgment of the trial court dismissing his claim of negligent bailment and conversion. Because we agree with the trial court that F.H. Resort Limited Partnership (Fox Hills) did not breach its bailment obligation with regard ...
Read More »00-3973 Chicago District Council of Carpenters Pension Fund, et al. v. K&I Construction Inc.
“Under K&I’s interpretation, the exemptions in Article XVIII in effect would only clarify that there is no need to arbitrate the collection of an arbitral award. If K&I’s reading of the contract is correct, the parties drafted the exemption language ...
Read More »01-0184 Wonka v. Cari, Special Administrator of the Estate of Edward Bierbrauer
Accordingly, where plaintiffs tried to access Edward’s interest in the proceeds from the sale of the bar in order to satisfy a tort judgment against him, the trial court properly ruled that the entire proceeds went to Edward’s wife as ...
Read More »00-3148-CR State v. Zei
Matthew Zei appeals a judgment convicting him of theft by a contractor and an order denying his postconviction motion. Zei argues that his trial counsel was ineffective because he urged Zei not to testify and that this court should grant ...
Read More »01-1471 Cook v. Commissioner of the Internal Revenue Service
“When we examine the terms of the Cooks’ respective GRATs, we also agree that the spousal interests contained in each are not ‘qualified interests’ under section 2702. First and foremost, the interests are contingent. Under both the 1993 and 1995 ...
Read More »00-2476 Gasper, a minor v. Parbs
“Wisconsin Stat. sec. 174.02(1)(b) provides double damages when the owner of an injury-causing dog was ‘notified or knew that the dog previously injured or caused injury to a person, livestock or property.’ This language is plain and unambiguous. If construed ...
Read More »00-3418-CR State v. White
Jeffrey White appeals from the judgment of conviction entered against him. The issue on appeal is whether White should have been allowed to withdraw his plea prior to sentencing. Because we conclude that the circuit court properly denied White’s motion ...
Read More »00-3943, 01-1040 Cooper v. Eagle River Memorial Hospital Inc.
“The administrative code provisions at issue here are clearly regulatory in nature and do not reveal the clear and unambiguous language necessary to impose civil liability. Number 8.10 (2) is part of a larger chapter governing the certification of advanced ...
Read More »00-3551 Anhalt et al. v. Cities and Villages Mutual Insurance Co., et al.
And, even though easements drafted by the city in 1988, which provided the city with rights of access across plaintiffs’ land to construct a storm sewer, stated that “it is understood … that the city shall be responsible for any ...
Read More »01-0480-CR State v. Minniecheske
Donald Minniecheske appeals pro se from an order denying his Wis. Stat. sec. 974.06 motion seeking postconviction relief. Because Minniecheske failed to provide a sufficient reason explaining why he did not raise the issues in his original postconviction motion or ...
Read More »00-1955 Dhillon v. Crown Controls Corporation, et al.
“We could identify a number of problems with the testimony these witnesses were prepared to offer, but the most glaring among them is the lack of testing, or more generally the failure to take any steps that would show professional ...
Read More »01-0233 Gallagher v. Grant-Lafayette Electric Cooperative
“Because the court erroneously excluded evidence of trespass and damages within the right-of-way, and that exclusion was the basis for the dismissal of the Gallaghers’ claims for damages within the right-of-way, we are satisfied that the proper course is to ...
Read More »01-0331-CR, 01-1405-CR State v. Johnson
Sarah Johnson appeals from a judgment convicting her of first-degree intentional homicide, party to a crime, and an order denying her postconviction relief. The trial court sentenced her to life in prison with a parole eligibility date twenty-eight years from ...
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