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

“Therefore, we conclude that Rieck [v. Medical Protective Co., 64 Wis.2d 514 (1974)] controls the public policy analysis of the damages associated with the costs of raising a healthy child to the age of majority because Flint had only an ...

Alexander Grubor appeals from a judgment of conviction of possession of THC with intent to deliver and a related tax stamp violation. He argues that the jury was tainted because the venire panel viewed weapons during voir dire. He also ...

“Although it is true that Rouse’s crime was not the cause of the bank’s employees being paid their salaries, Rouse does not dispute that his conduct was a substantial factor in causing them to investigate his forgeries rather than perform ...

Mark Nelson appeals from the judgment of conviction entered after a jury trial and the order denying his motion for postconviction relief. He argues on appeal that the trial court erred when it admitted certain evidence. Because we conclude that ...

“When the trial court stated that it saw a need to ‘avoid needless consumption of time’ and to ‘protect [the victim] from further harassment,’ it tacitly invoked § 904.03. In light of this, [citation], and the following reasons, we conclude ...

William D. Taylor appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Taylor received ineffective assistance of trial counsel. Because Taylor failed to provide the ...

“A Wis. Stat. ch. 980 committed person’s liberty hinges upon this initial reexamination. Because of the significance of this initial reexamination and because such a reexamination is fundamental to securing other essential rights granted by ch. 980, we must conclude ...

Warren A. Moffett appeals from a judgment of conviction entered after a jury found him guilty of three counts of second-degree sexual assault of a child. Moffett also appeals from an order denying his postconviction motion for a new trial. ...

David Schmidt and Shelby Williams (collectively, Schmidt) appeal from a circuit court order dismissing their postjudgment motion to reconsider a Wis. Stat. ch. 799 small claims judgment based on a court commissioner’s decision that denied them double damages and attorney’s ...

“We agree with the parties that discipline identical to that imposed in Michigan is appropriate in this situation. Accordingly, we adopt the parties’ joint request and order a 90-day suspension of Attorney Brooks’ license to practice law in this state. ...

Brook Ptacek appeals an order dismissing her personal injury claim against Minnesota Fire and Casualty Company, Jeremy Fleming, Charles Hill, Matthew Marek and Matthew Wolf for failure to prosecute. Ptacek argues that: (1) the circuit court erroneously exercised its discretion ...

“For all of the above misconduct, and in accordance with SCR 21.09(2), Attorney Tim Osicka is hereby publicly reprimanded.” Office of Lawyer Regulation; Hanson, Referee

Michael Mosling appeals a judgment dismissing his counterclaim against Jane Bentz for her alleged misrepresentation in the sale of a dental practice. Mosling claims that during the parties’ negotiation over the purchase price, Bentz misrepresented the number of prepaid patients ...

“In an oral ruling, the court modified the Plan and then confirmed it. The court did so after stating that he ‘closely scrutinizes these cases to determine whether there – the plan is proposed in good faith.’ Bankr. Tr. at ...

Ted Ricci appeals from a judgment in favor of Hoey Outdoor Advertising, Inc., that determined Hoey’s lease of a billboard on Ricci’s property is valid and enforceable. The judgment also requires Ricci to pay Hoey damages for cutting down the ...

“Rappaport told Mitchell that other people had made the decision to terminate the funding for Oasis Graphics Arts and that he thought that Felner was the motivating force behind the decision. Additionally, Rappaport told Mitchell that he strongly opposed terminating ...

The estate of Katrina L. Lynch and her parents, Kristin and Kenneth Lynch, appeal from a judgment, entered upon a jury’s verdict, dismissing their wrongful death claim against Carol Kane and her insurer, West Bend Mutual Insurance Company. The Lynches ...

“In [Newsome v. McCabe, 256 F.3d 747 (7th Cir. 2001)], we withdrew dicta in four of our previous opinions – which had each been understood to permit Section 1983 malicious prosecution claims but bar similar claims asserting that defendants’ actions ...

Thomas A. Lee appeals from a judgment entered on a jury verdict convicting him of battery. He claims that the trial court erroneously exercised its discretion in admitting under the excited-utterance exception to the rule against hearsay the victim’s out-of-court ...

“[I]t was Warda who asked the district court to vacate his original sentence pursuant to section 2255. He sought that relief on the premise that he had been induced to accept the 1996 addendum to his plea agreement by his ...

Gerald C. McConnell appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). McConnell argues that the State’s simultaneous prosecution of him for both OWI and operating a motor vehicle with a prohibited alcohol concentration (PAC), ...

“It is the enforcement of the customs laws combined with the mandate of protecting the borders of the United States that permits the extension of the search rights of border authorities to allow non-routine searches in areas near our nation’s ...

Kurt G. Culver appeals from a judgment of conviction for possession with intent to deliver marijuana (500 grams or less) and an order denying his motion for postconviction relief. Culver argues that he received ineffective assistance of counsel when his ...

Allan Lloyd Waldo appeals from a judgment and an order committing him to the custody of the Department of Health and Social Services (DHSS) for treatment until he is no longer a sexually violent person. Waldo argues that the Wis. ...

Jade Lamont Cosby, pro se, appeals from a judgment of conviction, entered after his probation was revoked, for the delivery of a controlled substance-cocaine. He also appeals from an order denying his postconviction motion for resentencing. Cosby claims that: (1) ...

“The DNR did not charge Bowden with trespassing, it charged him with operating a motor vehicle in an unauthorized area. Therefore, Wis. Stat. § 59.73(2) simply does not apply. The statute grants surveyors only a right of access. It does ...

Jason M. Sicard has appealed from an order denying a postconviction motion filed by him and from an order denying his motion for reconsideration. We affirm the orders. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., ...

This is so because we conclude that promotion of the general welfare, one of the stated purposes of the Walworth County Shoreland Zoning Ordinance, encompasses the preservation of historical sites. Therefore, preservation is a valid criterion the committee may use ...

The Fifth Circuit’s decision is inconsistent with Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988), which stated that §455(a) requires judicial recusal “if a reasonable person, KNOWING ALL THE CIRCUMSTANCES, would expect that the judge would have actual ...

“We place particular emphasis on the written waiver of counsel form, used in conjunction with the oral colloquy, because that form unequivocally states Polak’s awareness of the assistance an attorney could provide and that an attorney might discover helpful things ...