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

David Bork appeals an order denying his Wis. Stat. sec. 974.061 postconviction motion to withdraw his no contest plea for lack of a factual basis. The postconviction hearing was conducted by telephone. Bork argues that the trial court violated his ...

“While we accept Krohn’s challenge to the circuit court’s restitution order, we reject his attempt to prevent the court from properly determining restitution and issuing the appropriate restitution order. Consistent with ‘the goal [of Wis. Stat. § 973.20] of facilitating ...

Matthew J. Andersen appeals from a judgment of conviction of party to the crime of possession of cocaine with intent to deliver. The sole issue on appeal is whether police complied with the knock-and-announce requirement when executing a search warrant ...

Phoenix Internet Technologies Inc. appeals from a circuit court order denying reconsideration or modification of an order granting default judgment in favor of Partners In Design Architects, Inc. We affirm. This opinion will not be published. Dist II, Kenosha County, ...

Angelo J. Ewing appeals from the judgment of conviction entered after he pled guilty to the crime of armed robbery, party to a crime. He also appeals from the trial court’s order denying his postconviction motion seeking sentence modification. Ewing ...

Brenda S. Garceau appeals from an order setting a method by which she will realize the value of Jerry J. Garceau’s termination benefits package. In a prior appeal, we remanded for further proceedings after deciding that the termination benefits package ...

Congress is presumed to draft limitations periods in light of the principle that such periods are customarily subject to equitable tolling unless tolling would be inconsistent with statutory text. Tolling is appropriate here. Petitioners’ Chapter 13 petition erected an automatic ...

Binta Njai appeals an order which dismissed her petition for a divorce from Ray Lang. She claims the circuit court erred in concluding that it lacked jurisdiction to grant Njai a divorce. We agree that the circuit court erred and ...

New York insists that retail transactions are subject only to state regulation, but the electric industry has changed since the FPA was enacted, at which time the electricity universe was neatly divided into spheres of retail versus wholesale sales. The ...

Steve and Jane Meyer appeal an order dismissing Rural Insurance Company from this action. The issues are whether: (1) the insurer established on summary judgment that its policy did not provide coverage, and (2) there is a dispute of material ...

Relying on the canon that expressing one item of a commonly associated group or series excludes another left unmentioned, Vonn claims that Rule 11(h)’s specification of harmless-error review shows an intent to exclude the plain-error standard with which harmless error ...

“In reviewing the record, we conclude that the trial court’s findings of fact are not clearly erroneous. The testimony of an expert witness, Officer Wilcox, supports the trial court’s findings that these machines were not amusement devices, that they recorded ...

Darlene Gustafson appeals a judgment dismissing her counterclaim and an order denying her motion for reconsideration. Gustafson sought rescission of her conveyance of Hap’s Landing Campground to her daughter and son-in-law, Heidi and Kevin Radman. Gustafson argues that the trial ...

Douglas G. Skenandore appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), third offense, pursuant to Wis. Stat. secs. 346.63(1)(a) and 346.65(2)(c). On appeal, Skenandore argues that the trial court ...

“It is clear that Meyer was not similarly situated to Patterson because they reported to different supervisors and had different levels of experience and job responsibilities. The most significant fact distinguishing Patterson from Meyer is that, at the time of ...

“In granting the craft-employee linemen’s petition for a unilateral severance vote, the Commission determined that Wis. Stat. § 111.70(4)(d)2.a strikes a balance in favor of the craft employees’ right to select a bargaining representative of their own choosing. The Utility’s ...

Michael Fish appeals from an order which enjoined him from having any contact with Ann Burton, her family, or her employers for a period of two years. He claims the order is invalid because he was given insufficient notice of ...

Jeanne M. Hanson appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) as a repeat offender pursuant to Wis. Stat. secs. 346.63(1)(a) and 345.55(2)(b). Hanson challenges the trial court’s ruling denying her motion to suppress ...

“Despite Ms. Hilt-Dyson’s subjective perceptions concerning ERPS, an objective person would not view her work environment as hostile or abusive. In particular, the back rubbing incidents at issue in this case, although inappropriate behavior in the workplace, do not constitute ...

“Since neither Murray nor the officers he represented have a cause of action against the City for attorney fees under Wis. Stat. § 895.35, it logically follows that they do not have a cause of action under § 895.35 even ...

John Gasienica filed a small claims action alleging that a neighboring property owner, Neil Richman, failed to adequately maintain a ditch that carries surface water run-off in an area near the boundary of the two properties. Water run-off allegedly caused ...

Michael W. Slinker was sentenced in Washington County to a 25-year prison term to be served concurrently to a 20-year term imposed in Sheboygan County. Subsequently, Slinker successfully appealed the Sheboygan County case; it was dismissed, new charges were filed ...

“Without question, review of a state criminal conviction by the United States Supreme Court is considered ‘direct review’ of that conviction. See Bell v. Maryland, 378 U.S. 226, 232 (1964). Because the plain terms of section 2244 include the period ...

For example, contrary to the Village’s argument, we conclude that the proposed ordinance does not conflict with Wis. Stat. Sec. 67.05(2)(b), authorizing a municipality to borrow funds. “The proposed ordinance is not an initial resolution. It requires a referendum ‘prior ...

Sinai Samaritan Medical Center, Inc. (Sinai) appeals the judgments entered against it following a jury trial in a medical malpractice action brought by Kira Gardner and her parents against Sinai and Dr. Richard Panish. Sinai argues that it is entitled ...

Anthony Blue appeals the judgment convicting him of resisting an officer and bail jumping. Blue requests this court to modify his sentence to one year from the trial court imposed two consecutive nine-month sentences. He argues that what occurred here ...

“Treating the word as a synonym for receipts could produce odd outcomes. Consider a slot machine in a properly licensed casino. Gamblers insert coins, and the machine itself returns some of them as winnings. Later the casino opens the machine ...

Although the Joint Review Board was erroneously listed as one of the Boards that would not be taking formal action at the meeting, Wis. Stat. sec. 19.84(2) is not violated in each instance that a public notice contains any type ...

Jharvan Bridges appeals from the judgment of conviction entered against him. The issue on appeal is whether there was sufficient evidence produced at trial to support Bridges’ conviction for possession of cocaine with the intent to deliver, as a party ...

“We agree that encouraging the efficient resolution of disputes through settlement negotiations and avoiding factual inquiries that are certain to devolve into swearing matches are important public policy considerations. These public policy goals may, upon initial examination, appear to justify ...