Quantcast
Home / News (page 1050) /

News

02-3466 Wilhelm v. County of Milwaukee

“Wisconsin uses the ‘transactional analysis’ of the Restatement (Second) of Judgments as a guide in applying the rule. All claims arising out of one transaction or one factual situation are treated as being a part of a single cause of ...

Read More »

02-3023-FT Toyota Financial Services v. Vasel

James Vasel appeals a summary judgment of replevin of his automobile to Toyota Financial Services and an order denying his motion to dismiss Toyota’s complaint. Vasel argues Toyota’s complaint did not comply with the requirements of the Wisconsin Consumer Act ...

Read More »

02-0545-CR State v. Barber

Roger Barber appeals a judgment convicting him, after retrial, of burglary of a building or dwelling by use of a dangerous weapon. He also appeals an order denying his postconviction motion for sentence modification. Barber contends that he was entitled ...

Read More »

02-1647-CR State v. Furst

Joel Furst appeals a judgment convicting him of two counts of homicide by intoxicated use of a vehicle. He argues that: (1) he was denied a fair trial because a prospective juror said during voir dire that it was not ...

Read More »

02-1994 Awe v. Ashcroft

“Even assuming Awe had not waived his right to challenge the BIA’s procedural dismissal, we note that 8 C.F.R. § 3.1(d)(2)(i)(D) explicitly gives the BIA authority to dismiss procedurally defective appeals, and we have condoned the BIA’s use of this ...

Read More »

BOG discusses amicus issue

“I felt very strongly that the Executive Committee was not only authorized, but required, to consider member feedback before deciding whether to move forward.” Patricia K. Ballman Members of the State Bar’s ruling body engaged in a lengthy discussion March ...

Read More »

Expenses Case Analysis

As an appeal from a small claims action decided by one judge, the decision cannot be published and is of no precedential value. Inasmuch as it concerns an issue as important as attorneys getting reimbursed for their expenses, however, it ...

Read More »

Variance Case Analysis

If the decision in this case is any indication, judges and attorneys may soon be longing for reestablishment of the use and area variance distinction. The two opinions in this case run to 59 paragraphs, and still manage to confuse ...

Read More »

02-1773-CR State v. Dancer

Jerome Dancer appeals a judgment, entered after a jury trial, convicting him of two counts of first-degree intentional homicide. He argues that the trial court erroneously exercised its discretion in permitting the State to introduce three autopsy pictures of the ...

Read More »

02-1315 U.S. v. Campbell

“To obtain grand jury material, despite the presumptive secrecy imposed by Fed. R. Crim. P. 6(e), a litigant must show that the information ‘is needed to avoid a possible injustice in another judicial proceeding, that the need for disclosure is ...

Read More »

02-2322 State, et al. v. City of Rhinelander

“The exclusion’s unambiguous language precludes coverage for any off-site remediation costs. Both the on- and off-site contamination are ‘property damage.’ The off-site contamination has more than some causal relationship to the on-site contamination; the adjacent land would not have been ...

Read More »

02-2006 U.S. v. Johnson

“[T]he judge was not entitled to disregard the alert on the ground that the dog’s handler did not testify at the suppression hearing although another officer, who observed the dog alert from a distance, did. Dogs alert to drugs or, ...

Read More »

02-3111-FT City of Oshkosh v. Palecek-Baerwald

Christine K. Palecek-Baerwald appeals from a forfeiture judgment of conviction for operating a motor vehicle while intoxicated (OWI), as a first offense. She contends that the trial court afforded too much weight to the preliminary breath test (PBT) results in ...

Read More »

02-1718 State v. Robertson

“A defendant requesting confidential records during postconviction discovery should be required to meet the preliminary Shiffra-Green burden. As with pretrial requests for confidential records, applying the Shiffra-Green [State v. Shiffra, 175 Wis. 2d 600 (Ct. App. 1993) and State v. ...

Read More »

02-1469-CR State v. Royce

The State appeals from an order granting Steven J. Royce’s motion to suppress evidence obtained during a routine traffic stop. The State argues that the arresting officer had reasonable suspicion to make the traffic stop and thus the suppression motion ...

Read More »

02-2434 Morters v. Barr, et al.

Ronald W. Morters appeals pro se from the order granting the defendants’ motion for costs and attorney’s fees on the grounds that Morters’ claims were frivolous under Wis. Stat. sec. 814.025(3)(b) (2001-02). Morters also appeals from the judgment awarding $20,000 ...

Read More »

02-1540-CR State v. Kyles

The State of Wisconsin appeals from an order granting Joshua Kyles’s motion to suppress evidence gathered during a traffic stop. We conclude the suppression motion was properly granted and affirm. This opinion will not be published. Dist II, Kenosha County, ...

Read More »