Please ensure Javascript is enabled for purposes of website accessibility
Home / Case Digests/page 929

Case Digests

00-1310 In Re the Marriage of: Glunz v. Sokol

Laura A. Sokol appeals from the judgment of divorce entered following divorce proceedings between her and Michael J. Glunz. Sokol challenges two property division rulings of the trial court. First, she claims that the trial court erroneously exercised its discretion when it found that the Dean Witter account constituted gifted property to Glunz and should be excluded from the marital ...

Read More »

00-4271 Horwitz v. Board of Education of Avoca School District No. 37

“There is no concrete evidence in the record substantiating Horwitz’s allegations that younger teachers were treated more favorably than older teachers. By way of example, the school has provided data showing that between the 1992 to 2000 school years, over 55% of the teaching staff within the Avoca School District were over the age of 40. Dr. Biancalana who began ...

Read More »

00-2398 In Re the Marriage of Becvar v. Becvar

In this postdivorce judgment proceeding, Paula Becvar appeals an order denying her motion to move with her children to Minnesota. She claims that the court relied on inappropriate factors and that the children’s father, Charles Becvar, failed to demonstrate that the move was unreasonable. We reject her arguments and affirm the order. This opinion will not be published. Dist III, ...

Read More »

00-3325 Shanoff v. Illinois Department of Human Services

“[W]e conclude that Shanoff was subjected to six rather severe instances of harassment during the four months that he was working at the Madden Center during the limitations period (and one more instance of harassment while he was on leave). Riperton-Lewis made three remarks (approximately one remark each month) during the limitations period (from late December 1997 to March 1998) ...

Read More »

00-1208 Roberts v. Wolf, et al.

Tecwyn Roberts, Sara H. Roberts and Elizabeth M. Halkerston (collectively, the Robertses) sued John J. Wolf and Linda Wolf alleging intentional trespass to land, injury to real property, unlawful cutting of timber and interference with or declaration of interest in real property. The Wolfs tendered the defense of the Robertses’ claims to their homeowner’s policy insurer, West Bend Mutual Insurance ...

Read More »

00-2944 U.S. v. Schaffner

“The photograph at issue in this case actually traveled across state lines. As in Bell, where the movement of a weapon across state lines satisfied the commerce element of the statute, the interstate movement of the photograph provides a sufficient nexus to interstate commerce. Here, as applied to Mr. Schaffner, the jurisdictional element makes federal criminal responsibility turn on the ...

Read More »

00-2749, 00-2750 In the Interest of Jennifer L.W., David R.W.: State v. Stacey R.W.

Stacey R.W. appeals from a dispositional order finding that his two children are in need of protection and services. It is undisputed that at the plea hearing where Stacey admitted the allegations contained in the petitions, he trial court neglected to engage in a colloquy giving notice of certain rights. This colloquy is mandatory pursuant to Wis. Stat. sec. 48.30(2) ...

Read More »

00-1513 U.S. v. Green

“In United States v. West, 670 F.2d 675, 687 (7th Cir. 1982), we interpreted Rule 801(d) (1)(B)’s requirement of cross-examination to mean that the out-of-court statement must be elicited through the declarant, and not through a third party to whom the declaration was made. … At the time West was decided, we acknowledged that our interpretation of Rule 801(d)(1)(B) differed ...

Read More »

01-0839 In the Interest of David K. Jr.: State v. Latrice H., et al.

David K. Jr., by his guardian ad litem, appeals from the trial court order extending his CHIPS dispositional order “for one (1) year until March 30, 2001.” The guardian ad litem challenges the trial court’s decision, following a contested hearing, continuing David’s placement with Victoria J., his foster mother. The guardian ad litem argues that the trial court “failed to ...

Read More »

01-2591 Dahler v. U.S.

“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 circuit that has considered the subject. See, e.g., United States v. Barrett, 178 F.3d 34, 44-45 (1st Cir. 1999); Pratt ...

Read More »

00-2650-CR State v. Novak

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 postconviction relief. He claims that he was denied his constitutional right to counsel at the preliminary hearing and arraignment, and ...

Read More »

00-3569 U.S. v. Manjarrez

“[T]he ostrich instruction itself made it clear that a defendant does not act ‘knowingly’ when he acts through ‘ignorance, mistake, or accident,’ or where ‘he was merely negligent in not discovering the truth.’ This alone might well obviate any need for a separate good faith instruction. See Given, 164 F.3d at 394-95. Finally, the theory-of-defense instruction and the ‘mere presence’ ...

Read More »

00-0628 State v. Schultz

Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was based; (2) the nuisance claim is subject to a 60-day statute of limitations thus barring the claim; and (3) the ...

Read More »

00-2948-CR State v. Headrick

Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments and affirm the judgment. This opinion will not be published. Dist III, Brown County, McKay, J., Per Curiam Attorneys: For ...

Read More »

00-3971, 00-4066, 00-4221 U.S. v. Krilich

“Almost everyone is ‘unusual’ in some respect, and many septuagenarians have conditions similar to Krilich’s. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in poor health are confined in federal prisons. If the medical problem is extraordinary in the sense that prison medical facilities ...

Read More »

00-2643 Zinter by Guardian Ad Litem Lyons v. Oswskey, et al.

John Zinter Jr., a minor, appeals a summary judgment in favor of Darlene Oswskey, Robert Oswskey and American States Insurance Company (collectively, the Oswskeys). Zinter severed the tip of his finger while a guest at the Oswskey home. Zinter sued the Oswskeys, alleging that his finger was injured by the Oswskeys’ rabbit “or some other mechanism of injury.” The circuit ...

Read More »

00-1606-CR State v. Staples

William Staples appeals pro se from a judgment entered after he pled guilty to possession with intent to deliver a controlled substance (cocaine). Staples claims that the trial court erred when it denied his motion to suppress evidence. Specifically, Staples argues that: (1) the citizen informant, Imogene Hines, referred to in the complaint, does not exist; (2) the arresting officers’ ...

Read More »

00-3640 U.S. v. Palomino-Rivera

“Mr. Palomino-Rivera submits that he presents an atypical case that was not adequately considered by the Sentencing Commission. … The district court agreed and, in granting the downward departure, explained that it did not ‘think this kind of a borderline felony was adequately considered by the Commission.’ “We respectfully disagree with the district court and conclude that the Commission fully ...

Read More »

00-2348-CR, 00-2349-CR, 00-2350-CR, 00-2351-CR State v. Butler

Christopher Butler appeals judgments, entered upon his no contest pleas, convicting him of one count of intentionally causing harm to a child and three counts of second-degree sexual assault of a child. Butler additionally appeals from the order denying his motions for postconviction relief. Butler argues that the circuit court erred by denying, as untimely, his postconviction motion for sentence ...

Read More »

01-0329-CR State v. Van Beek

Joseph Van Beek appeals a judgment of conviction for receiving stolen property. Van Beek claims the trial court erred by denying his motion to suppress evidence. We disagree and affirm. This opinion will not be published. Dist III, Brown County, Griesbach, J., Peterson, J. Attorneys: For Appellant: Daniel Goggin II, Neenah For Respondent: John P. Zakowski, Green Bay; Bradley J. ...

Read More »

00-3075 In Re the Commitment of VanBronkhorst: State v. VanBronkhorst

“The State contends that VanBronk-horst was given notice of the Rule 15 violation when the circuit court quoted the rule’s language when questioning VanBronkhorst. While the court did in fact recite language from Rule 15, VanBronkhorst was not charged with a Rule 15 violation. He was not accused of having a relationship with an adult who has a minor child. ...

Read More »

00-2428-CR State v. Calhoun

Raphael C. Calhoun appeals his conviction for possession of cocaine, second or subsequent offense, following a jury trial. He argues: (1) that the trial court erred in denying his motion to strike testimony of a police officer who allegedly violated a witness sequestration order; (2) that the trial court erred in denying his motion for a mistrial which, he contends, ...

Read More »

00-1879-CR State v. Howell

Frederick L. Howell appeals from the judgment of conviction entered after he pled guilty to one count of felon in possession of a firearm. Pursuant to Wis. Stat. sec. 971.31(10), Howell argues that the trial court erred in denying his motion to suppress the handgun discovered in his apartment by the police because: (1) the officers’ initial warrantless attempted entry ...

Read More »

99-2030 Harding v. Kumar

Accordingly, the trial court’s attempt to start the appeal-clock anew via its June 16, 1999, decision was a nullity, as was the July 28, 1999 judgment entered thereon. Accordingly, we dismiss as moot the appeal by BSTV, Chicago Insurance and Harding (in his capacity as counterclaim defendant) from the June 16, 1999 decision and order, Kumar’s “cross-appeal” from the July ...

Read More »

00-3117-CR State v. Spencer

Antonio Spencer appeals the judgment convicting him of carrying a concealed weapon while masked, as party to a crime; disorderly conduct while armed and masked, as party to a crime, and obstructing an officer while masked, as party to a crime, and from the trial court’s order denying his postconviction motion. Spencer argues that his attorney was ineffective for failing ...

Read More »

00-2220-CR, 00-2221-CR State v. Jansen

Joseph C. Jansen appeals from the judgments of conviction entered against him. The issues presented for review on appeal are whether Jansen consented to a search of his home, whether a subsequently issued search warrant was proper, and whether a pat-down search of Jansen was proper. Because we conclude that the searches were proper, and that the warrant issued was ...

Read More »

00-2482 Smyser v. Western Star Truck Co.

“Smyser asserted claims under Wis. Stat. sec. 218.0171(2)(a) and (2)(b) of the Lemon Law. Section 218.0171(2)(a) obligates a manufacturer to repair a nonconformity covered by a warranty under certain conditions. Section 218.0171(2)(b) provides that the consumer may obtain a replacement vehicle or a refund and related costs where, after the manufacturer’s reasonable attempt to repair, the nonconformity is not repaired. ...

Read More »

00-2055-CR State v. Gogin

Thomas D. Gogin appeals from a judgment convicting him of second-degree sexual assault and false imprisonment and from an order denying his postconviction motion for a new trial. Because we conclude that trial counsel was ineffective, we reverse and remand for a new trial. This opinion will not be published. Dist II, Waukesha County, Davis, J., Per Curiam Attorneys: For ...

Read More »

00-2364 State v. Williams

William Williams appeals from an order denying postconviction relief from a judgment convicting him of false imprisonment and substantial battery, both as a repeater. He was originally convicted on a plea and placed on probation in 1996. After the Department of Corrections revoked his probation in 1998, the trial court sentenced him to consecutive four-year and three-year prison terms. He ...

Read More »

01-1298 U.S. v. Dowell

“Contrary to the government’s argument, we have repeatedly held that an error in designating the judgment will not result in a loss of appeal if the intent to appeal from the contested judgment may be inferred from the notice and if the appellee has not been misled by the defect. … Here, there is no ambiguity regarding the nature of ...

Read More »