Please ensure Javascript is enabled for purposes of website accessibility
Home / Case Digests/page 940

Case Digests

00-2201-CR State v. McClain

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her motion to withdraw her plea because it (1) held that as a matter of law she may not rely on ...

Read More »

99-1013 Farm Credit Services of North Central Wisconsin v. Wysocki

Wilcox, J. “In accordance with the policy of encouraging the freedom of movement of employees and protecting their personal liberty, such fluid customer list limitations should be given greater breadth than rigid geographical restrictions because they oftentimes ‘more closely approximate the area of the employer’s vulnerability to unfair competition by a former employee and [do] not deprive the employee of ...

Read More »

00-1493 Fleishman v. Brem, et al.

American Family Mutual Insurance Company (American Family) appeals from an order and a judgment declaring American Family liable to Jean Fleishman for $33,000 pursuant to the uninsured motorist coverage in her automobile policy with American Family. The trial court determined that she was entitled to $33,000 because that was the amount of damages she could have recovered from Michael Brem, ...

Read More »

00-1123 State ex rel. Ferguson v. Schwarz

Raymond Ferguson, pro se, appeals from the trial court’s order affirming a decision revoking his parole. The issues are: (1) whether the decision to revoke Ferguson’s parole was supported by substantial evidence; (2) whether the decision was arbitrary, capricious, or contrary to law; and (3) whether the hearing examiner failed to follow the Department of Corrections (DOC) penalty schedule. We ...

Read More »

01-0503 In the Interest of Megan D.: Dunn County Department of Human Services v. Jeffery S.

Jeffery S. appeals an order terminating his parental rights to his daughter, Megan D. Jeffrey argues: (1) the trial court erroneously exercised its discretion by admitting evidence of his prior criminal convictions; (2) the evidence introduced at the fact-finding hearing was insufficient to satisfy the ground of continuing need for protection or services; and (3) the trial court erroneously exercised ...

Read More »

00-3129-CR State v. Behnken

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming error only in the enhanced sentence he received for being a habitual criminal. He also appeals an order denying his ...

Read More »

00-3136-D In The Matter of Disciplinary Proceedings filed against Perry P. Lieuallen, Attorney;

“The referee further found that by misappropriating clients’ funds being held in his trust account Attorney Lieuallen violated the standard of conduct set forth by this court in Disciplinary Proceedings Against Marine, 82 Wis. 2d 602, 609-10, 264 N.W.2d 285 (1978) and, therefore, violated SCR 20:8.4(f).” We agree with the referee that attorney Lieuallen’s gross pattern of misconduct, including the ...

Read More »

00-3363-FT Fahser, et al. v. Hilgart

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. Fahser claims the trial court erred by instructing the jury that the mere use of a way over unenclosed land ...

Read More »

00-6374 Becker v. Mongtomery, et al.

“As plainly as Civil Rule 11(a) requires a signature on filed papers, however, so the rule goes on to provide in its final sentence that ‘omission of the signature may be corrected promptly after being called to the attention of the attorney or party.’ ‘Correction can be made,’ the Rules Advisory Committee noted, ‘by signing the paper on file or ...

Read More »

98-3139 State v. Bond

Where the court is evenly divided on whether to affirm or reverse the decision of the court of appeals, the decision of the court of appeals must be affirmed. Court of Appeals, Per Curiam Attorneys: For Appellant: Ellen Henak, Madison For Respondent: Marguerite M. Moeller, James E. Doyle, Madison

Read More »

00-3363-FT Fahser, et al. v. Hilgart (55157)

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. Fahser claims the trial court erred by instructing the jury that the mere use of a way over unenclosed land ...

Read More »

No. 130, Orig., New Hampshire v. Maine

“New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970’s litigation… [I]nterpretation of those words was ‘necessary’ to fixing the northern endpoint of the lateral marine boundary, Report 43. New Hampshire offered two interpretations in the earlier proceeding – first agreeing ...

Read More »

99-2968 State v. Johnson

We further hold that the statute, Wis. Stat. sec. 948.025, is constitutional, and defendant, who was convicted of the repeated sexual assault of a child, is not entitled to a new trial. In sum, even though the State introduced evidence of more than the minimum number of sexual assaults required to constitute the crime but the jury was not instructed ...

Read More »

00-1990 Vance, as Guardians for Whiteaker v. Thiede

In this action, the guardians of Merald Whiteaker claim Thomas Thiede exerted undue influence over Whiteaker for the purpose of obtaining Whiteaker’s money, and that Timothy Thiede, Thomas’ son, received title to residential real estate clear of all mortgages and other benefits as a result of Thomas’s conduct. The trial court entered judgment against both Thomas and Timothy for $28,660 ...

Read More »

00-24 PGA Tour Inc. v. Martin Stevens, J.

“Under the ADA’s basic requirement that the need of a disabled person be evaluated on an individual basis, we have no doubt that allowing Martin to use a golf cart would not fundamentally alter the nature of petitioner’s tournaments. As we have discussed, the purpose of the walking rule is to subject players to fatigue, which in turn may influence ...

Read More »