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

Defendant-appellant Daniel R. Nehring appeals an order, entered after a refusal hearing under Wisconsin’s implied consent law, which revoked his driver’s operating privileges for one year. Nehring was arrested on Aug. 11, 2000, after he drove his truck into a ...

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and ...

Willy J. Love appeals from a judgment, entered after a jury trial, convicting him of possession of cocaine with intent to deliver, second or subsequent offense, as a party to a crime, and possession of cocaine without the tax stamp, ...

Mario M. Martinez, pro se, appeals from a judgment convicting him of 13 counts of theft, uttering, and practicing law without a license and from the trial court’s order denying his postconviction motion for resentencing. Martinez claims: (1) the trial ...

“Although Kitten claims that the credit check on Cenname showed an inadequate credit history, Kitten never raised this as an issue with Cenname. The only reason Kitten provided Cenname for needing an additional six months’ advance rent was Kitten’s fear ...

“Neuma’s claim in Count II is that AMP, as the plan administrator, misrepresented the terms and conditions of Larsen’s life insurance program, causing Neuma to purchase the rights to a policy that was far less valuable than it was led ...

“[A]s Wikel correctly argues, her circumstances are comparable to those of the plaintiff, an electrical utility company, in Public Service Corp. v. Marathon County, 75 Wis. 2d 442, 249 N.W.2d 543 (1977). There, the supreme court concluded that a compensable ...

“Allsteel’s alteration of the Plan’s language changed the standard of review by which a court would review its decisions, thereby granting Allsteel the same unchanneled discretion to deny claims. Before Allsteel altered the Plan’s language to grant itself discretion to ...

And, even though the hospital may not have specifically foreseen that plaintiff would enter another patient’s room, tear out the air-conditioning unit and escape out the window using bed sheets as a rope, we believe that Jankee v. Clark County, ...

“[R]egardless of the title ascribed to Dunn following his alleged promotion, Dunn has shown that an issue of fact exists relating to whether he was entrusted with important new duties, including employee supervision, budgeting and reporting. While the parties expend ...

“As with the legislature’s constitutional policy determination that the safety of innocent persons in society warrants the finely tuned procedures in Wis. Stat. ch. 980 that permit the incapacitation of sexually violent persons, we see nothing that prevents the legislature ...

“Section 3.43 of Title 8 of the Code of Federal Regulations explains that an alien’s motion to reopen proceedings pursuant to NACARA must establish that the individual meets four specific requirements. While Buzdygan meets three of these four requirements, we ...

Joanie M.H. appeals from an order entered by the trial court finding her to be mentally ill, dangerous and a proper subject for treatment, and involuntarily committing her to six months of treatment in the Milwaukee Mental Health Complex under ...

“He concedes as he must that had he paid the law firm on an hourly basis, the fee would have been an expense. It would have been a deduction from, not a reduction of, his gross income, as held in ...

Thomas R. Ward and the Wisconsin Resources Protection Council (collectively, Ward) appeal from a summary judgment in favor of Nicolet Minerals Company and from an order denying their postjudgment motion seeking (1) relief from the summary judgment; and (2) supplemental ...

“The transcript of Jackson’s March 27, 1975 sentencing hearing reflects that sentence was actually imposed at that time. At that initial hearing, the Judge stated, ‘[t]he Court … now sentences both defendants to not less than one (1) nor more ...

Mark W. Roob appeals from the trial court judgment awarding Duane P. Reusch, Laura K. Reusch, Karen M. Newton and Roger A. Newton (collectively, “the Reusches”) $38,368.16 for damages and costs, including attorney fees. Roob argues that the trial court ...

“Mr. Anderson was an assistant branch manager at TCF, not an ordinary bank teller. In that position, Mr. Anderson had access to any account in the bank system. As a result, he had access to or authority over valuable things, ...

The Town of St. Germain appeals an order granting GPS, Inc.’s petition for a writ of mandamus seeking to compel the Town to release three documents under Wis. Stat. sec. 19.35, the open records law. The Town argues that the ...

James and Reyne Kasieta appeal from an order dismissing their claim for adverse possession. The dispositive issue is whether the Kasietas proved that they adversely possessed the disputed property for the required 20 years. We conclude that they did not, ...

Gjerdingen Farms appeals from a summary judgment granting Thomas and Jane Brennan’s claim for specific performance on a first option to buy land owned by Gjerdingen. Gjerdingen challenges both the determination that it had breached the first option contract and ...

The circuit court awarded Grand Chute Auto Sales, Inc. (Grand Chute) a replevin judgment against John Long, d/b/a John’s Towing & Recovery (Long). However, as a condition of the judgment, the court ordered Grand Chute to pay Long for Long’s ...

Bradley W. Sexton appeals a judgment, entered upon a jury’s verdict, convicting him of five counts of felony failure to support a child. Sexton argues that this court should exercise its discretionary power of reversal pursuant to Wis. Stat. sec. ...

Florian A. Kress contends that the State’s attempt to punish him criminally for his second operating while intoxicated (OWI) arrest within hours of his first drunk driving arrest contravenes the ex post facto provision of the federal constitution. We do ...

The State of Wisconsin seeks to appeal from an order of the circuit court dismissing with prejudice a charge of operating a motor vehicle with a prohibited blood alcohol content. The State contends that the verdict rendered by the jury ...

“[P]laintiff presents a variety of incidents in which she – the only day custodian at the high school and the only female custodian at the high school since March of 1999 – was harassed by the male superintendent, the male ...

“On five previous occasions, Casteel’s appeals have been dismissed based on Wis. Stat. sec. 974.06(4) and Escalona-Naranjo. This case is dismissed on the same basis. Because we conclude that Casteel knows or should know that this, his eighth postconviction order ...

Paal Myklebust appeals from a money judgment of $50,115 in favor of Thea Baumstein. Myklebust contends he is not a proper party to the action because he is a member of a limited liability company. Alternatively, he asserts that Baumstein ...

Christopher Marcus appeals an order denying his motion to modify a five-year sentence imposed for escape. He argues that the sentencing court improperly exercised its discretion when it imposed the maximum sentence and that the sentence is so excessive and ...

“The requirement that a plaintiff establish a discriminatory discharge in order to receive lost pay precludes such a recovery for Ms. Hertzberg in the present case. We agree with the district court that Ms. Hertzberg’s lawyers, ‘in the nature of ...