Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

“Here, Anderson’s religious practice did not require her to use the ‘Blessed Day’ phrase with everyone. Further, U.S.F. did not seek to denigrate Anderson’s religious beliefs. In fact, U.S.F. has on at least one occasion encouraged Anderson’s religious practice by ...

Christina Redfearn appeals from a judgment of divorce. She argues that the trial court erred in various ways in making its property settlement. We conclude that the trial court did not erroneously exercise its discretion in making its property division ...

“The bearing of delegation on the principle of Monell turns out to be critical in this case. The final decisionmaking authority of the school district is lodged in the district’s school board, but the board has promulgated regulations that delegate ...

Ron and Sandra Strand appeal a summary judgment dismissing their claims against their insurer, Auto-Owners Insurance Company. The Strands argue that they did not need to replace personal property in order to obtain the benefit of replacement cost coverage under ...

“After reviewing the Addendum in its entirety, we are persuaded that a reasonable person could and would have readily perceived that acceptance of the GAP coverage offered by Grossinger was voluntary. The Addendum labels its provisions and uses capitalization to ...

CIM MAC Properties appeals from the trial court’s order granting summary judgment in favor of American Family Mutual Insurance Company and denying CIM MAC’s motion for a declaratory judgment. The trial court concluded that CIM MAC’s insurance policy with American ...

“We agree with the district court that Hartford’s argument that it could have denied Hess benefits entirely because her compensation was based solely on commissions ignores both the plain language of the policy and the intent of the parties. As ...

Carlos H. appeals from a circuit court order terminating his parental rights to Christopher H. Carlos argues that the court erroneously exercised its discretion when it ordered that Carlos, as a sanction for failing to attend his deposition, would be ...

“[I]f the City were able to use premium payments in the manner contemplated by the district court, the City would be the recipient of the windfall, and in fact would be placed in a substantially better position than if it ...

Benjamin Mora appeals from a judgment convicting him of first-degree reckless homicide, two counts of first-degree recklessly endangering safety, and three counts of discharging a firearm from a vehicle. On appeal, he argues that the circuit court should have suppressed ...

“Hummel was involved in one conspiracy to import large quantities of meth from California. That conspiracy lasted for several years, and Adkins’s involvement was limited to bringing the bulk drugs back and selling them to Tyner and Hummel. Adkins exercised ...

Lisimba Love appeals from an amended judgment of conviction entered on a jury verdict finding him guilty of armed robbery as a party to a crime and as a habitual criminal. He also appeals from an order denying his postconviction ...

“Repeat sales, without more, simply do not place the participants’ actions into the realm of conspiracy … What it does show is a ‘series of spot dealings at arm’s length between dealers who have no interest in the success of ...

Antonio Ford appeals from an order denying his petition for habeas corpus brought under State v. Knight, 168 Wis.2d 509, 484 N.W.2d 540 (1992). We affirm. This opinion will not be published. Dist IV, Dane County, Moeser, J., Per Curiam ...

“We need not address Salami’s contention that a government prosecutor’s statements may be admitted into evidence as a statement of a party opponent to conclude that, even under the most searching review, the district court’s ruling would amount to harmless ...

Charles Young-Cooper appeals from the order denying his motion pursuant to Wis. Stat. Sec. 974.06 (1999-2000). The issue on appeal is whether Young-Cooper established a claim of ineffective assistance of counsel. We conclude that Young-Cooper could have raised the issue ...

“We need not spend much time discussing Shutic’s argument because we recently addressed precisely the issue he raises. United States v. Sherman, No. 00-2961, 2001 WL 1205378 (7th Cir. Oct. 11, 2001). In Sherman we considered the same arguments as ...

The sole issue on appeal is whether the circuit court erroneously exercised its discretion when it denied Patricia Ziebell’s motion to dismiss the charge for refusing to take a blood alcohol test after she pled guilty to the underlying charge ...

“Given the evidence, the district court did not clearly err in finding that Mantas intended to sell all of the produce in the warehouse. Underlining this point were Mantas’ brazen attempts to sell adulterated meat after inspectors had red-tagged the ...

Randy Kahl appeals from a judgment of conviction for operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a), second offense. Kahl challenges the denial of his motion to suppress the results of a chemical test of ...

Neither the PPA’s original nor its recodified text indicates that its protection for asexually reproduced plants was intended to be exclusive. The 1930 PPA amended the general patent provision to protect only the asexual reproduction of a plant. And Congress’ ...

“[I]n the broader context of this litigation, an award of fees would do nothing but encourage the very foot-dragging and avoidance of interim payment liability that the statute was designed to prevent, and thus would be ‘unjust.’… Our cases make ...

James, Violet and Joseph Jacobson appeal a judgment declaring that a road on their property is a valid public highway. The trial court truncated evidence on whether the strip of land was properly made a town road, focusing on whether ...

Paul Alan LeRose appeals pro se from a judgment of conviction of two counts of theft by fraud and from an order denying his motion for postconviction relief. The conviction arises out of LeRose’s billing practices for services rendered to ...

“Although Hoyte was adjudicated excludable, he was subsequently granted parole into the United States with certain conditions, including compliance with our laws. His breach of those conditions is sufficient to authorize his current detention. Cf. Zadvydas, 121 S. Ct. at ...

John and Michaela Cretu appeal from a judgment in favor of Gheorghe and Tudorita Jugureanu and from an order denying their motion to reconsider. The issues are: (1) whether the trial court misused its discretion in refusing to continue the ...

“No case that has been cited to us or that our own research has uncovered authorizes so convoluted a mode of proceeding. To recapitulate: North River had every right to settle the claims that gave rise to its duty to ...

Douglas Zunker appeals a judgment convicting him of conspiracy to commit burglary and an order denying his postconviction motion. He argues that the trial court lost competency to proceed because the preliminary examination was not held within 20 days of ...

“[The defendant] submits that these provisions are void under the vagueness doctrine because the statute fails to define ‘knowingly or intentionally … to possess with intent to … distribute … a controlled substance.’ 21 U.S.C. sec. 841(a)(1). Further, he contends, ...

Richard Moder appeals an order denying his motion to withdraw his guilty plea based on newly discovered evidence. The trial court concluded that Moder was negligent for not discovering the evidence before his plea hearing. Because Moder failed to meet ...