Gregory L. Shade has appealed from a judgment convicting him of the repeated sexual assault of a child in violation of Wis. Stat. sec. 948.025(1) (1999-2000), and from an order denying his motion for postconviction relief. We affirm the judgment ...
Read More »02-1654 State v. Tangye
Jerrold N. Tangye appeals his conviction for operating a motor vehicle while intoxicated (OMVWI). Tangye argues that Wis. Stat. sec. 343.305(2), Wisconsin’s “implied consent” law, is unconstitutional because it coerces consent to a chemical “search” for intoxicants of blood drawn ...
Read More »Court considers statutes of repose, limitations
Lynn Laufenberg In the case of Landis v. Physicians Insurance Co., 2001 WI 86, the Wisconsin Supreme Court held that the phrase, "any applicable statute of limitation," as used by the legislature in the medical malpractice statutes, referred to statutes ...
Read More »Attorney Fees Case Analysis
The decision creates a narrow exception between the general rule that limits recovery of attorney’s fees to token amounts, and the usual exceptions that permit "reasonable attorney’s fees." Attorney fees are governed by Section 814.04, which provides in relevant part: ...
Read More »Attorney fees must actually be incurred for award
Contingency agreement precludes reasonable attorney fees award
Read More »Higginbotham says he’ll balance high court
"The law is best developed when you have that natural tension that is created when you have a healthy diversity of thought at the table. The best decisions are promulgated that way." Paul B. Higginbotham As Dane County Circuit Court ...
Read More »01-1916 State of Wisconsin v. Walters
Defendant appeals from his convictions on three counts of first-degree sexual assault on a child, arguing that the trial court wrongly excluded testimony from two defense experts. No error occurred in excluding the testimony of the expert who said he ...
Read More »02-0263-CR State v. McPhetridge
Thomas McPhetridge appeals pro se from a judgment entered after a jury convicted him of first-degree sexual assault of a child. He also appeals from the orders denying his postconviction motions. McPhetridge claims: (1) the trial court allowed improper impeachment ...
Read More »01-3933 Gabrielle M. v. Park Forest-Chicago Heights, Illinois, School District 163
“The record reveals that the school district’s response to Jason’s inappropriate conduct was not clearly unreasonable. After each reported or observed instance involving Jason and other students, Jason was disciplined and steps were taken to prevent future inappropriate conduct. When ...
Read More »01-3367 State of Wisconsin v. Erickson
Defendant appeals her convictions for homicide by intoxicated use of a vehicle and causing injury by intoxicated operation of a vehicle, arguing that her suppression motion should have been granted because her blood draw was invalid because (1) it was ...
Read More »02-2154-CR State v. Rooni
Jerry Rooni appeals a judgment of conviction entered on his guilty plea to one count of operating while intoxicated (OWI), third offense, and an order denying a motion to suppress evidence. Specifically, Rooni argues that the sheriff’s deputy lacked probable ...
Read More »01-4351 Ben's Bar, Inc. v. Village of Somerset
“The Village’s rationale in support of Section 5(b) is that the liquor prohibition will significantly reduce the secondary effects that naturally result from combining adult entertainment with the consumption of alcoholic beverages without substantially diminishing the availability of adult entertainment, ...
Read More »02-2276-FT In the Matter of the Mental Commitment of Jeffrey T.M.: Brown County v. Jeffrey T.M.
Jeffrey M. appeals a judgment finding him mentally ill and an order extending his commitment from Aug. 23, 2001, for a period of one year. Jeffrey specifically argues that the County did not present adequate evidence of his potential dangerousness. ...
Read More »02-2021 State v. Johnson
Mark Johnson appeals an order revoking his operating privileges because of his refusal to submit to chemical testing after his arrest for operating while under the influence. The circuit court concluded Johnson had no basis to refuse to consent to ...
Read More »02-2479 Wainscott v. Henry
“The fact that Wainscott wears the badge of a city employee cannot, in these circumstances, take his statement outside the First Amendment context. This is especially true given the content of his statement. It was a vague remark which revealed ...
Read More »02-1026 Gohlke v. Didion Milling Inc.
Didion Milling, Inc. appeals from the judgment entered against it and in favor of Richard Gohlke. Didion argues on appeal that the arbitrators exceeded their powers by allowing Gohlke’s claim against it to proceed when the statute of limitations had ...
Read More »02-1592-CR State v. Dickey
Sammy J. Dickey appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) which was reinstated following a remand hearing. He argues that his rights were violated because he did not get an “adequate and meaningful” ...
Read More »02-1149 Veach v. Sheeks
“[B]y stating the amount of the debt as $1,050, Sheeks took it upon himself to hold Veach liable for legal penalties that had not yet been awarded, penalties that for FDCPA purposes should have been separated out from the amount ...
Read More »01-2011 Morters v. Barr, et al.
This case comes before us on remand from the Supreme Court. On Oct. 21, 2002, the Supreme Court issued an order granting the petition for review in the case of Morters v. Barr, 2002 WI App 134, 255 Wis.2d 833, ...
Read More »02-1030-CR State v. Fogle
Darin Fogle appeals a judgment convicting him of burglary. He argues that the trial court erred when it denied his motion to suppress evidence seized pursuant to a search warrant that he contends resulted from an initial illegal police intrusion ...
Read More »01-4079 NLRB v. Deutsche Post Global Mail, Ltd.
“[R]elying on Cooper International, Inc., 205 NLRB 1057 (1973), Deutsche Post claims the Board erred by assuming that most of the Yellowstone employees would accept job offers at the new plant. According to Deutsche Post, Cooper precludes speculation into the ...
Read More »02-0836 Gorokhovsky v. Edwards, et al.
Vladimir M. Gorokhovsky appeals, pro se, from the judgment of the trial court dismissing all claims against the defendants, Jan Edwards, Attorney Daniel J. Miske and Elite Properties, Inc. He also appeals from the trial court’s award of $14,151.50 to ...
Read More »02-0895-CR, 02-0896-CR State v. Miramontes-Santos, et al.
The State of Wisconsin appeals from the trial court’s orders suppressing evidence and dismissing charges of entry into a locked vehicle and theft of movable property, party to a crime, against Miguel Rocha-Castro and Ricardo Miramontes-Santos. The State contends that ...
Read More »01-2206 U.S. v. Ganser
“[T]he CI correctly predicted that Simmons would receive a letter from a ‘Cheryl’ in California in a greeting card-type envelope. These details accurately predicted future behavior, demonstrating inside information and a special familiarity with Simmons’ affairs. See White, 496 U.S. ...
Read More »02-1034 Tietsworth, et al. v. Harley-Davidson, Inc., et al.
Steven C. Tietsworth appeals from an order dismissing his complaint for failure to state a claim. Tietsworth originally filed a proposed class action lawsuit against Harley-Davidson (Harley) asserting individual and representative claims for: (1) violation of Wis. Stat. sec. 100.18 ...
Read More »01-3444-CR State v. Tucker
Robert E. Tucker appeals from a judgment of conviction entered after he pled guilty to one count of first-degree intentional homicide, as a party to a crime. He argues that the trial court erred when it denied his motion to ...
Read More »01-1229 Washington v. Guillen (58419)
Section 409 is a proper exercise of Congress’ Commerce Clause authority to “regulate the use of the channels of interstate commerce” and “to regulate and protect the instrumentalities of interstate commerce, ” United States v. Lopez, 514 U.S. 549, 558. ...
Read More »02-1025 In Re the Marriage of: Gleason v. Gleason
Richard J. Gleason appeals from an order, following remand from this court, modifying a previous order relative to the property division in a divorce proceeding. Gleason claims the trial court’s calculations were erroneous and that the trial court’s deviation from ...
Read More »00-0598 In Re the Commitment of Fowler: State v. Fowler
Robert Fowler appeals his Chapter 980 commitment as a sexually violent person. He submits that: (1) the petition seeking his commitment was filed untimely and the State failed to prove that he was within 90 days of release; (2) his ...
Read More »01-618 Eldred v. Ashcroft (58420)
Although conceding that the CTEA’s baseline term of life plus 70 years qualifies as a “limited Tim[e]” as applied to future copyrights, petitioners contend that existing copyrights extended to endure for that same term are not “limited.” In petitioners’ view, ...
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