Please ensure Javascript is enabled for purposes of website accessibility
Home / Case Digests/page 921

Case Digests

00-2041 Integrity Mutual Insurance Company v. Labor and Industry Review Commission, et al.

Integrity Mutual Insurance Company (Integrity) appeals from an order affirming a Labor and Industry Review Commission (LIRC) decision. That decision awarded penalties totaling $8,278 for bad faith and inexcusable delay in handling Donald Baysinger’s worker’s compensation claim. The issues are whether we owe deference to LIRC’s decision, whether LIRC’s application of the law to the undisputed facts is sustainable, and ...

Read More »

00-2318 In Re the Commitment of Jack R. Martinsen: State v. Martinsen

Jack Martinsen appeals an order denying his petition for supervised release from his Wis. Stat. ch. 980 commitment. He argues that the trial court deprived him of a full and fair hearing when it refused to compel the special prosecutor to answer interrogatories concerning polygraph and plethysmograph tests conducted at the Wisconsin Resource Center. The trial court concluded that the ...

Read More »

00-2502 In Re the Marriage of: Spielman v. Spielman

In this postdivorce proceeding, Jeffrey Spielman appeals an order granting Donna Spielman’s motion to modify maintenance. He argues that the court was without authority to modify maintenance because the original maintenance term had expired. He also argues that the court erroneously exercised its discretion by modifying maintenance because “[t]he factual basis for modifying the existing Order was not fully tried,” ...

Read More »

00-2902 In re: Dennis E. Carlson, Debtor

“The Bankruptcy Code requires the debtor to list as assets of the estate in bankruptcy ‘all legal or equitable interests of the debtor in property as of the commencement of the case.’ 11 U.S.C. sec. 541(a). The term ‘legal or equitable interests … in property’ has been broadly interpreted to include any legally enforceable right. …, except (so far as ...

Read More »

00-3319 In Re the Paternity of Athena H: State, et al. v. Michael V.H.

Michael V.H. appeals pro se from a remedial contempt order for failure to pay child support as the biological father of Athena H. Michael asks that this court reverse the remedial contempt order and remand the matter to the circuit court for further consideration because he was denied his statutory right to a de novo review of a family court ...

Read More »

01-0619-CR State v. Posius

Richard Posius appeals from a judgment convicting him of operating a motor vehicle with a prohibited alcohol content (PAC), second offense. He argues that the trial court erred by denying his motion to suppress evidence seized subsequent to the police illegally entering his residence without a warrant. This court agrees with Posius and, therefore, reverses the judgment and remands the ...

Read More »

01-1541 In Re the Termination of Parental Rights to Samuel R.: State v. Delores R.

Delores R. appeals from an order terminating her parental rights to her 14-year-old son, Samuel R. Jr. She argues that: (1) her due process rights were violated because the foster parents and the social workers interfered with her ability to parent her child; and (2) the trial court erroneously exercised its discretion when it terminated her parental rights. Because Delores’ ...

Read More »

00-2540-CR State v. Tilley

Darla J. Tilley appeals from the judgment convicting her of possession of a controlled substance (500 grams or less of marijuana) with intent to deliver. Tilley first challenges the trial court’s decision denying her motion to suppress the marijuana and drug paraphernalia found in her purse and tote bag. She claims that the warrantless search conducted after she was taken ...

Read More »

00-2554 Molitor v. Rusk County Board of Adjustment, et al.

Donivan and Karen Molitor appeal a judgment that affirmed the Rusk County Board of Adjustment’s decision to deny their request for a side yard setback variance. They argue that the board failed to follow proper procedure, its decision was not supported by the evidence and it erroneously applied the law. We disagree and affirm the judgment. This opinion will not ...

Read More »

00-3512 American Federation of Government Employees, Local 2119, v. Rumsfeld

“[The exceptions to competitive bidding practices enumerated in CICA’s Section 2304(c)], including the sole source exception, reference situations in which either a national emergency or a narrow set of compelling circumstances requires that a branch of the armed services must contract with a particular private entity. As we have noted, the Comptroller General’s opinion cites one such exception, now located ...

Read More »

01-0284-CR State v. Fitzl

Jessie Fitzl appeals his judgment of conviction for substantial battery. He also appeals from an order denying his postconviction motion. Fitzl claims: (1) the trial court erroneously exercised its discretion by excluding evidence of events that took place outside the bar where the battery occurred; (2) he was denied effective assistance of counsel; and (3) he is entitled to a ...

Read More »

00-2146 Edwards v. Illinois Board of Admissions to the Bar, et al.

“Plaintiff repeatedly asserts that she is not asking us to review the state court determination because her complaint does not ask us to grant her certification to the bar. While she might not be asking us to review the state court order declining certification, granting the relief she requests would have that effect: she is asking for a remand so ...

Read More »

00-3076-CR State v. Spaulding

Rhonda Spaulding appeals from the judgment convicting her of first-degree sexual assault. Spaulding argues that the bindover should not have occurred because the child-victim’s videotape, the primary evidence used against Spaulding at the preliminary hearing, was improperly admitted. She also submits that the trial court erroneously exercised its discretion in refusing to conduct an in camera inspection of the victim’s ...

Read More »

00-1355 Crabtree v. National Steel Corporation

“[I]f there was any error in giving instruction # 6 along with instructions 9 and 10, we find that it was harmless. Instruction # 6 did not specifically state that it was defining ‘preponderance of the evidence,’ but it provided that: ‘When I say that a party has the burden of proof on any proposition, or use the expression “if ...

Read More »

01-0798-CRLV State v. Everts

Chad Everts contends that the prosecutor in this case, assistant district attorney Shelly Rusch, intentionally provoked a mistrial because her case was going badly and, therefore, that double jeopardy attached such that it was error for the trial court to allow the State to retry him. He petitioned for review of the nonfinal order allowing retrial. We granted a stay ...

Read More »

01-1314 U.S. v. Quilling

“Mr. Quilling argues that he was unduly prejudiced because the Government argued, and the jury possibly inferred, that Mr. Quilling possessed the gun because he possessed the bullets and vice versa. However, ‘”prejudice requiring severance is not shown if evidence on the severed counts would be admissible in the trial of the remaining counts.”‘ United States v. Windom, 19 F.3d ...

Read More »

00-3017-CR State v. Gray

Tony J. Gray appeals from the judgment convicting him of one count of first-degree reckless homicide while using a dangerous weapon, as a party to the crime, and two counts of recklessly endangering safety while using a dangerous weapon, as a party to the crime. Gray first argues that Wisconsin’s approach to the admission of conditionally relevant evidence first approved ...

Read More »

01-0657-CR State v. Kokke

Albert Gerald Kokke appeals from a judgment of conviction for fourth-degree sexual assault. Kokke argues that the trial court erred when it barred his proffered character witnesses from testifying. We uphold the court’s ruling and affirm the judgment. This opinion will not be published. Dist II, Racine County, Barry, J., Nettesheim, P.J. Attorneys: For Appellant: Martha K. Askins, Madison For ...

Read More »

00-3513 Walag v. Wisconsin Department of Administration

“With respect to transportation, the Department … found that ‘the road system is geared more towards linking the area to external locations than it is to provide internal movement. In fact, the roads seem designed to prevent internal travel.’ In support of its finding, the Department cited to its observations that some internal roads are very narrow and the gravel ...

Read More »

00-2724-CR State v. Lor

Zong Lor appeals from a judgment convicting him of being a party to the crimes of first-degree reckless homicide by use of a dangerous weapon and attempted first-degree reckless injury by use of a dangerous weapon, and also from an order denying his motion for postconviction relief. He claims that counsel performed ineffectively by stipulating that a witness was unavailable ...

Read More »

99-2306 ABKA Limited Partnership v. DNR

“The DNR may allow individuals to place docks in the water for access and reasonable use of the water by issuing permits but may not allow the passing of title to the water… Navigable waters unquestionably belong to the people, and to allow private individuals to claim the dockominium slip space or the water within the slip as a property ...

Read More »

00-2900, 01-0319 State v. Brycki

Steven W. Brycki appeals from a judgment entered on a jury verdict convicting him of driving with a prohibited blood-alcohol concentration, and from the trial court’s order revoking his privilege to drive an automobile for two years as a consequence of Brycki’s refusal to submit to a blood-alcohol test of his breath. He raises the following claims of trial-court error: ...

Read More »

00-3073 State v. Giminski

“Even sliding inside Giminski’s shoes, and even allowing for a father’s extraordinarily strong urge to protect his child, we see absolutely nothing that established a basis for any reasonable belief justifying Giminski’s conduct. He knew the lawfulness of the agents’ seizure of the van. He knew that anything Elva might have been doing in attempting to drive that van away ...

Read More »

01-0054-CR State v. Senn

LeRoy Senn appeals his judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, third offense. Senn argues that: (1) the trial court erred by denying Senn’s motion to dismiss at the conclusion of the State’s case; and (2) the evidence presented at trial was insufficient for the jury to find Senn guilty beyond a ...

Read More »

01-0116 State v. Peterson

“In order to resolve the statute’s ambiguity in the context of this fact situation, we consider the legislative history which the court discussed in Martin. As the court there explained, prior to the last major amendment of the statute in 1965, the trial court could impose a repeater penalty ‘where the prior convictions were first discovered or alleged “at any ...

Read More »

01-0470-FT City of Eau Claire v. Langenfeld

Kimberly Langenfeld appeals her conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). The sole issue on appeal is whether the arresting officer had reasonable suspicion to detain Langenfeld in order to perform field sobriety tests and other further investigation prior to arresting her for OWI. This court concludes that because the arresting officer had ...

Read More »

00-2546-CR State v. Rodriguez

“We have held that a suspect may not walk away from an officer conducting a Terry stop, and that the officer may restrain any suspect who attempts to do so. State v. Goyer, 157 Wis. 2d 532, 538, 460 N.W.2d 424 (Ct. App. 1990) (‘[t]he right to make a Terry stop would mean little if the officer could not restrain ...

Read More »

01-0474 County of Dunn v. Trainor

Gerald Trainor appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI). The circuit court found Trainor guilty of these charges after it denied his motion to suppress evidence gathered by police after his arrest. The sole issue on appeal is whether the arresting officer had probable cause to arrest Trainor for OWI. Because the evidence ...

Read More »

01-0065-CR State v. Marquardt

“[T]he State admits that the facts recited in the affidavits are ‘scant,’ but argues that they are not so thin as to be insufficient for probable cause. The State points to several facts in the affidavits: (1) Mary’s telephone was off the hook the day she was killed, suggesting ‘that the perpetrator had been inside the residence’; (2) Mary was ...

Read More »

01-0421-CR State v. Dickey

Sammy J. Dickey appeals his judgment of conviction for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. Dickey argues that the trial court erred when it allowed blood test results to be admitted into evidence. Dickey specifically contends there is no authority under the Implied Consent Law for a forcible blood ...

Read More »