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

“Under an ERISA plan, benefits must be paid to a ‘beneficiary’ who is ‘designated by a participant, or by the terms of [the] plan.’ 29 U.S.C. § 1002(8). The plan administrator’s determination, and a court’s interpretation, of the identity of ...

Todd Oimoen appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, in violation of Wis. Stat. sec. 346.63(1)(a). Oimoen raises two issues regarding a blood draw that was conducted after his ...

“[T]wo acts may be negligent to the same degree, but if one causes harm and the other does not, the former may result in a criminal prosecution and the latter merely in the issuance of a traffic ticket. The driver ...

David Gallagher appeals his conviction for having sexual intercourse with a child under the age of 13, and an order denying postconviction relief. Gallagher argues that the trial court failed to determine that he understood the nature of the offense ...

“In the case before us, the origin of the claim lies in Charles Reynold’s conduct as an IRS employee, not in his trade or business as a self-employed attorney. Charles Reynolds incurred these legal costs because an IRS investigation had ...

Joshua Beaulieu appeals an order dismissing his petition for a writ of certiorari challenging his probation revocation. Beaulieu argues that his probation revocation was based on unreliable hearsay statements. We conclude that the statements are admissible as exceptions to hearsay ...

“Viewed in the light most favorable to the government, the record contains ample evidence from which the jury could find guilt beyond a reasonable doubt. See United States v. Thomas, 284 F.3d 746, 751 (7th Cir. 2002). Ackley used legitimate ...

Although the statute states that “not more than one such written request may be filed in any one proceeding,” we conclude that this language, when read in the context of the entire statute, reflects the legislative intent to provide each ...

Tayr Kilaab al Ghashiyah (Khan) appeals an order affirming the Wisconsin Parole Commission’s decision denying him parole. Ghashiyah argues that the Commission: (1) failed to recognize his liberty interest in release on parole; (2) applied an arbitrary standard; (3) denied ...

“Even a lay person familiar with firearms in general would not have the expertise to distinguish between firearms that are collector’s items and firearms that are not. Agent McCart’s opinion was unnecessary as a descriptive tool. The jury was shown ...

“Essentially, Dibble is arguing it is impossible for a person to commit aggravated battery without also engaging in first-degree recklessly endangering safety. On its face, this contention has a certain appeal. … It is tempting to say anyone who acts ...

Robert Pagac appeals a judgment convicting him of possession of marijuana. Pagac argues that the trial court should have granted his motion to suppress evidence derived from what Pagac contends was an illegally executed search warrant. This court concludes, however, ...

“Normally, a district court should apply the guideline in effect at the time of the sentencing. United States v. Fones, 51 F.3d 663, 669 (7th Cir. 1995). The guideline in effect at the time of Hartz’s sentencing was § 2F1.1(b)(8)(B). ...

Pastori Balele appeals a judgment ordering him to pay the State of Wisconsin $1,114.91. For the reasons discussed below, we affirm the judgment of the trial court. This opinion will not be published. Dist IV, Dane County, Higginbotham, J., Per ...

Vanessa Russell appeals from a judgment of conviction entered after she pled guilty to two counts of possession of a controlled substance-cocaine (five grams or less), with intent to deliver, and from an order denying her postconviction motion seeking sentence ...

“Issuing a warrant is not synonymous with signing a warrant. See Boyer v. County of Washington, 971 F.2d 100 (8th Cir. 1992). The Federal Rules of Criminal Procedure discuss two types of cases where warrants may issue. Fed. R. Crim. ...

The State of Wisconsin Chiropractic Examining Board and the Department of Regulation and Licensing appeal a circuit court order which reversed the Board’s imposition of a six-month suspension of John Riegleman’s license and ordered the Board to adopt the thirty-day ...

Mario V. Whitney appeals from a judgment entered after a jury found him guilty of battery and one count of first-degree sexual assault while using a dangerous weapon. He also appeals from an order denying his postconviction motion. Whitney claims: ...

Although the statute states that “not more than one such written request may be filed in any one proceeding,” we conclude that this language, when read in the context of the entire statute, reflects the legislative intent to provide each ...

Romayne Gleffe appeals and Dale Gleffe cross-appeals a divorce judgment that denies Romayne maintenance and assigns Dale the debts he incurred after the petition for divorce was filed. Romayne argues that the evidence does not support the trial court’s estimate ...

“First, the customers allege that they paid the $5.00 late fee without knowing that Time Warner’s actual costs from a late payment were only $0.38 to $0.48. Second, they maintain that Time Warner concealed material information regarding its late-payment costs. ...

The City of Rice Lake and Transit Mutual Insurance Corporation of Wisconsin (collectively, the City) appeal a judgment awarding Thomas Moullette $75,000 for personal injuries. The City claims the trial court erred by denying its motion to dismiss because: (1) ...

The BVI Constitution was established by the Crown of the United Kingdom. The United Kingdom exercises pervasive authority over the BVI, e.g., the Queen may annul any BVI statute and make laws for the BVI. The Crown’s representatives have imposed ...

“We conclude in this case that Debra’s offer of proof established a sufficient factual basis for a claim of unnecessary defensive force (imperfect self-defense) and that she should have been allowed to present evidence of Harold’s violent character and past ...

Johnny Lacy appeals a judgment convicting him on 14 felony charges, including four counts of first-degree sexual assault. He also appeals the order denying him postconviction relief. The issues are whether his constitutional and statutory rights to a speedy trial ...

“We will first address the prosecutor’s statement that defense counsel ‘”is a dignified man and he’s a man of certain … classic lawyerly spirit. He doesn’t want to say Special Agent Rickey is a liar. Never called him a liar ...

“In this case, criminal proceedings were commenced before the motion for reconsideration was filed. The criminal court assumed exclusive jurisdiction, and the juvenile court lost jurisdiction to reconsider its waiver order. The juvenile court’s subsequent determination that it could not ...

Lee Crouthers, pro se, appeals two trial court orders denying his motions for postconviction relief. Crouthers contends: (1) that he received ineffective assistance of trial counsel; (2) that he was denied his right of self-representation; and (3) that the trial ...

“Section 2244(b) applies by its terms to all section 2254 petitions (though not to section 2241 petitions, as we held in Valona v. United States, 138 F.3d 693 (7th Cir. 1998)), so the only question is whether Harris is correct ...

“First, the circuit court did not provide a clear analysis of its thinking on the legal issues surrounding self-defense and accident. … It is not clear from the record exactly how the court evaluated the defendant’s accident defense at trial. ...