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

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 ...

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 ...

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 ...

“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 ...

“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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

“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 ...

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 ...

“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 ...

“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 ...

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 ...

“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 ...

“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 ...

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 ...

“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 ...

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 ...

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 ...

“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 ...

“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 ...

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 ...

“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 ...

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 ...

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 ...

“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 ...

“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 ...

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 ...