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“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 ...

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 ...

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 This opinion will not be published.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 ...

Kurt J.K. appeals from a CHIPS dispositional order of the circuit court placing his daughter Jennifer N.K. with her maternal grandparents. Kurt’s arguments primarily focus on the sufficiency of the evidence justifying this placement. Kurt also argues that something more than the best interests of the child must justify placement of the child outside of the parental home. We disagree ...

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective by not challenging the search warrant, and whether the trial court erred in its pretrial conclusion that there was probable ...

Tammy W. appeals the orders terminating her parental rights to her three children and orders denying her posttermination motions. She contends that the trial court erred because it failed to find that Tammy’s unfitness as a parent was so egregious as to warrant termination of her parental rights. She further argues that the evidence was insufficient to warrant termination of ...

Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) Wis. Stat. sec. 948.02(2) (1997-98) violates due process because it allows conviction without proof that the assailant knew the victim ...

Four Star Properties, Bernard and Christine Seidling and Seidling Trust appeal those parts of a judgment requiring them to refund alleged overpayments made on a land contract. The trial court concluded the land contract was ambiguous as to the starting date that the buyers, Lynda M. Boser Larson and Steven G. Larson, would pay the 1998 property taxes and interest ...

Jackson Carpenter appeals from a judgment of commitment as a sexually violent person and from an order denying Carpenter’s postcommitment motion. He raises several issues. We affirm all issues except the Thiel II issue, on which we reverse and remand. This opinion will not be published. Dist III, Shawano County, Schmidt, J., Per Curiam Attorneys: For Appellant: David D. Cook, ...

Christopher Sudeta appeals a summary judgment dismissing his third-party complaint for contribution against Vilas County. Sudeta, who was sued because of an automobile collision, claimed that a deputy sheriff’s negligence contributed to cause the accident. The circuit court concluded the County was immune from liability. Sudeta argues: (1) there is no immunity because of Wis. Stat. sec. 346.03,1 (2) there ...

“We decide this case in a published opinion to alert other federal courts that Simon is flooding the courts with ERISA claims virtually identical to the ones raised here. After the Central District of California dismissed Simon’s suit against 1600 employee benefit plans and employers, Simon filed ten suits in 1999 and three suits in 2000 against individual employee benefit ...

Stephen J. Kasun, Jr., and his wife, Edna Kasun, appeal from the judgment, following a jury trial, dismissing their action against Owens-Illinois, Inc., and from the circuit court’s denial of their postverdict motions. They present numerous arguments, all of which we reject. Accordingly, we affirm. This opinion will not be published. Dist I, Milwaukee County, Hansher, J., Per Curiam Attorneys: ...

“The certification order must be reversed, and not only because one-way intervention is forbidden. Fed. R. Civ. P. 23(c)(2)… The rule could not be clearer, and this is hardly a case in which class action treatment is obviously appropriate. Quite the contrary, it seems decidedly inappropriate. The case involves different conveyances by and to different parties made at different times ...

Deanna and Terry Graetz appeal from a judgment dismissing their claims against Wal-Mart Stores, East Inc. and Wal-Mart’s insurer for injuries Deanna Graetz (Graetz) suffered when items fell off a shelf and hit her on the head and shoulders while she was shopping at Wal-Mart. On appeal, Graetz argues that the circuit court erred when it declined to instruct the ...

“McMasters’ assertion that Ninth Circuit precedent applies in this case is incorrect. Although the law of the transferor court continues to apply when a diversity case is transferred from one district court to another under sec. 1404(a), see Van Dusen v. Barrack, 376 U.S. 612, 639, 84 S. Ct. 805, 11 L. Ed. 2d 945 (1964), the transferee court is ...

James Washington appeals from a judgment convicting him of armed robbery as a repeat offender. He claims the evidence was insufficient to support his conviction because the victim lacked a reasonable belief that he had a weapon. We disagree and affirm. This opinion will not be published. Dist IV, Rock County, Roethe, J., Per Curiam Attorneys: For Appellant: Philip J. ...

“[W]e do not mean to deny the pain that a play such as Corpus Christi inflicts on believing Christians (and not only on them) or to suggest that its author ranks with the nonbelieving giants of our cultural tradition. The fact that the play has been published, and ran in New York, will not immunize it from charges that it ...

Matthew F.G. appeals from a judgment convicting him of first-degree sexual assault of a child, with a child responsibility enhancer, and from an order denying his postconviction motion. The victim was his three-year-old daughter, Evette K.G. The issues are whether the trial court properly allowed into evidence statements Evette made to a social worker, and whether the jury heard sufficient ...

“Dykema was experienced in drug transactions, a business he knew to be dangerous. He claimed he knew how to operate in drug matters better than the police. He viewed himself as an instructor from whom the police could learn. He was a drug dealer of his own free will and was not forced into drug dealing by MANS. Dykema decided ...

“There is no indication in the record, nor do either of the respondents allege, that the number of ballots in this . Wisconsin Stat. secs. 5.54, 6.80(2)(d), and 7.50(2) do not suggest otherwise. Sections referendum exceeded the number of voters at any stage of the initial tallying or the recount. Therefore, under Wis. Stat. sec. 9.01(1)(b)4, the board improperly excluded ...

Billy Rachal appeals from a judgment convicting him of second-degree reckless injury, and from an order denying postconviction relief. The issues are whether the jury heard sufficient evidence to find him guilty, whether the trial erroneously excluded certain testimony, and whether the court imposed an excessive sentence. We affirm on all three issues. This opinion will not be published. Dist ...

“Title VII does proscribe gender-based harassment even when it is not motivated by sexual desire, and it is true that ‘[c]ourts should avoid disaggregating a hostile work environment claim, dividing conduct into instances of sexually oriented conduct and instances of unequal treatment, then discounting the latter category of conduct,’ see O’Rourke, 235 F.3d at 730, thereby robbing instances of gender-based ...

“In determining whether a minor has actual authority to consent to the entry, two factors may guide the courts. The first factor is the age of the child because ‘as children grow older they … acquire discretion to admit … [persons] on their own authority.’ 3 Wayne R. LaFave, Search and Seizure, sec. 8.4(c), 773 (3d ed. 1996). In the ...

Kurt Meyer appeals a judgment convicting him of being party to the crimes of robbery with use of force, burglary, substantial battery with intent to do substantial harm, and disorderly conduct. Meyer claims the trial court improperly denied his request for a continuance to find a witness, and that the absence of the witness kept the real controversy from being ...

“[T]he rigorous nature of the FAA’s exemption requirements is not pertinent at this juncture. Our inquiry is limited to examining whether the FAA has appropriately considered the evidence, and provided sufficient justifications for its decisions. We cannot say that the FAA has failed to take into account new advances in medical technology. The fact that the agency (1) commissioned the ...

Laura J.M. appeals from orders for involuntary medication and treatment. Laura contends that the trial court erred in concluding that she was incompetent to refuse medication. She claims that because the trial court found that she expressed knowledge of the disadvantages of medication, Waukesha County failed to prove by clear and convincing evidence that she was incapable of expressing an ...

Roger S. Walker appeals from a judgment of conviction entered against him after a jury trial, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel. Because we conclude that Walker’s trial counsel was ineffective for failing to object to the admission of certain evidence and for failing ...

“Elizalde-Adame notes that at one point during the plea hearing the district court asked the Assistant United States Attorney (‘AUSA’), ‘is there a waiver of appellate rights?,’ and the AUSA responded, ‘[t]here is not, Your Honor.’ However, when read in context, it is clear that the district court was asking whether the plea agreement provided for a waiver of Elizalde-Adame’s ...

Patrick Behrndt appeals from a judgment of the circuit court dismissing his demand for a trial de novo and awarding John and Gail Hernandez (the Hernandezes) attorney’s fees. Behrndt argues that the circuit court erred in dismissing his demand for trial because his Notice of Demand for Trial was timely filed. Furthermore, Behrndt argues that the circuit court erred when ...

Vlado Gazic appeals from the order denying his motion for relief under Wis. Stat. sec. 974.06 (1999-2000). The issue on appeal is whether Gazic received ineffective assistance of counsel. Because we conclude that he did not receive ineffective assistance of counsel, we affirm. This opinion will not be published. Dist II, Walworth County, Kenney, J., Per Curiam Attorneys: For Appellant: ...