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

Corey Schulte appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). He claims that the trial court erred in denying his motion to suppress the results of a blood test administered ...

Waukesha County appeals a circuit court order concluding that Jason H., an incompetent with a guardian, is a resident of Waukesha County for purposes of determining which county is responsible for funding Jason H.’s protective placement care. Waukesha County seeks ...

William Eckola was convicted of operating a motor vehicle with a prohibited alcohol concentration, sixth offense. The State argues that the circuit court erroneously exercised its discretion by placing Eckola on probation without requiring him to serve at least the ...

Cassandra M. appeals an order requiring her to pay $1,500 restitution to the Hudson School District after she was adjudged delinquent for a bomb scare as party to a crime. Cassandra argues that the trial court erred by construing “damage ...

Ryan Ross appeals from a judgment of conviction, following his guilty plea, for possession of a controlled substance. Ross contends that the trial court erred in denying his motion to suppress. Specifically, Ross argues that his “Fourth Amendment rights were ...

This is a termination of parental rights case. Michael J.R., whose rights to his four natural children were terminated, raises three arguments, each of which we reject. His claim that Wis. Stat. sec. 48.415(4) is unconstitutional as a violation of ...

In court of appeals case No. 99-0957, Nathan Lalor has appealed from a judgment committing him for institutional care in a secure facility based upon a determination that he is a sexually violent person within the meaning of Wis. Stat. ...

Esther T. appeals from an order terminating her parental rights to Deon R.D., Jr. Esther claims the trial court erroneously exercised its discretion when it terminated her parental rights even though she complied with all the conditions required for the ...

“[T]he district court instructed the jury that: ‘If you conclude that Ms. Sirko had access to plaintiff’s copyrighted sculpture you should find in favor of plaintiff Susan Wakeen Doll Company if you find that defendant’s sculpture is substantially similar to ...

Lawrence Pieczynski appeals a judgment upholding his 1998 property tax assessment. The trial court initially granted Pieczynski’s request for reassessment, resulting in a $7,400 reduction. Pieczynski now challenges the second assessment, arguing that: (1) the board of review failed to ...

“When Cook disagreed with the terms of the 1999 agreement, Re/Max repeatedly attempted to negotiate with her regarding the agreement’s terms. Even after these negotiations, Cook had almost 7 months during which she could have executed the 1999 agreement, and ...

This appeal arises from a summary judgment dismissing Donna Walker’s action to foreclose a lien based upon a money judgment she obtained against Ray Johnson. At the time Walker’s judgment was docketed, Johnson owned the real estate upon which Walker ...

“[O]n this record, we readily conclude that the ALJ’s invocation of the presumption was proper. We find no merit to the coal company’s claim that Summers simply made conclusory assertions such as, ‘The rooms were very dusty.’ To the contrary, ...

Molecular Biology Resources Inc. appeals from a judgment of eviction resulting in a writ of restitution in favor of Business Park Development Co. LLC. The judgment also ordered Molecular Biology to refrain from removing any “improvements” it had made to ...

“The Union claims that the statute began to run in June of 1993, when the Union switched back from master to shift seniority with regard to sixth-day overtime opportunities. Casteel claims the overtime policy is a continuing violation that starts ...

Daniel Geller appeals from the judgment entered against him on March 2, 2001 granting a judgment of eviction to the plaintiff, Michael T. Mulqueen, et al., and terminating all of Geller’s contractual rights under four leases. Geller raises three issues ...

“We join the First and the Ninth Circuits in concluding that Congress has clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively… Section 321 of IIRIRA contains a clear and express directive from Congress that the ...

This appeal arises from a judgment following a jury verdict in a medical malpractice case. Dr. Bruce Heyl, St. Elizabeth Hospital, and their respective insurance companies (collectively, Heyl and St. Elizabeth), argue that (1) insufficient evidence supports the jury’s verdict ...

“The district court here found the government’s reasons to be adequate and race-neutral. We agree that the reason stated is clear, specific and related to the case. The government had some information that Juror P could be related to a ...

Kenneth J. Seely appeals from a judgment convicting him of three counts of substantial battery with intent to commit bodily harm, second-degree sexual assault and intimidating a victim and from an order denying his postconviction motion for sentence modification. On ...

“Where, as here, the record is void of any specific information regarding the occurrence and nature of, as well as the circumstances surrounding the ex parte contacts, the impact thereof upon the jurors, and whether or not the juries were ...

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. ...

Charles E. Hennings appeals from a judgment entered after a jury convicted him of felony murder. Hennings also appeals from the trial court’s order denying his postconviction motion for a new trial. Hennings argues that the circuit court erred in ...

“We believe that the government’s notice did not adequately summarize or describe Erk’s trial testimony. The Rule requires a summary of the expected testimony, not a list of topics. The government’s notice provided a list of the general subject matters ...

“In this case, we agree with Fields that the information filed on October 2 was woefully inadequate and failed to technically comply with the pleading requirements of Wis. Stat. § 973.12(1) as interpreted by the Gerard court. The information, by ...

Leland Jarvey appeals from a judgment entered on a jury verdict convicting him of first-degree murder. Jarvey seeks a new trial on grounds that the trial court erroneously exercised its discretion when it admitted other acts evidence that Jarvey allegedly ...

“The district court’s bare holding that Seward was ‘being untruthful’ falls short of even a liberal application of Dunnigan. Although the district court’s ruling certainly indicates that the court found one element of perjury, false testimony, and read generously, could ...

Although the juror himself said that he did not understand English well enough to competently hear the case, we conclude that the trial court properly considered all the evidence that informed on Vera’s ability to comprehend English, and found that ...

Aaron Hicks appeals a judgment of conviction for second-degree sexual assault with an unconscious person, and the order denying his motion for postconviction relief. He contends he was denied effective assistance of counsel because trial counsel did not consult an ...

“Congress provided in the FCRA that the two-year statute of limitations runs from ‘the date on which the liability arises” subject to a single exception for cases involving a defendant’s willful misrepresentation of material information. sec. 1681p. The most natural ...