“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 ...
Read More »02-0048 County of Dane v. Oimoen
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 ...
Read More »01-3484 Scottsdale Ins. Co. v. Subscription Plus Inc.
“[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 ...
Read More »01-2883-CR, 02-0378-CR State v. Gallagher
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 ...
Read More »00-2966 Reynolds v. Commissioner of Internal Revenue
“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 ...
Read More »01-1803 State ex rel. Beaulieu v. Schwarz, et al.
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 ...
Read More »01-1958 U.S. v. Ackley
“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 ...
Read More »02-1479 In Re: the Termination of Parental Rights to Prestin T.B. v. Circuit Court for Sheboygan County
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 ...
Read More »01-3143 State ex rel. Kilaab al Ghashiyah v. Sullivan
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 ...
Read More »01-3506 U.S. v. Conn
“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 ...
Read More »02-0538 State v. Dibble
“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 ...
Read More »02-0573-CR State v. Pagac
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, ...
Read More »01-2801 U.S. v. Hartz
“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). ...
Read More »01-3325 State v. Balele
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 ...
Read More »01-2946-CR State v. Russell
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 ...
Read More »02-1202 U.S. v. Hondras
“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. ...
Read More »01-2394 Riegleman v. State of Wisconsin Chiropractic Examining Board, et al.
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 ...
Read More »01-2660-CR State v. Whitney
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: ...
Read More »02-1479 In Re: the Termination of Parental Rights to Prestin T.B. v. Circuit Court for Sheboygan County (57540)
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 ...
Read More »01-2871 In Re the Marriage of: Gleffe v. Gleffe
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 ...
Read More »99-2078 Putnam, et al. v. Time Warner Cable of Southeastern Wisconsin
“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. ...
Read More »02-0342-FT Moullette v. City of Rice Lake, et al. (57541)
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) ...
Read More »01-651 JP Morgan Chase Bank v. Traffic Stream Infrastructure Ltd.
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 ...
Read More »99-3071 State v. Head
“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 ...
Read More »01-1259-CR State v. Lacy
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 ...
Read More »01-2300 U.S. v. Sandoval-Gomez
“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 ...
Read More »01-0656 In the Interest of Vairin M. v. Vairin M.
“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 ...
Read More »01-3247 State v. Crouthers
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 ...
Read More »02-2550 Harris v. Cotton
“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 ...
Read More »00-0064 State v. Watkins
“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. ...
Read More »