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

Sharon Dixon appeals from the judgment of conviction entered after a jury convicted her of one count of arson of a building, party to a crime and one count of possession of a controlled substance. Dixon also appeals from the ...

“Allen contends that Agent Fox’s testimony regarding the link between the gun found at the motel and drug trafficking was simply a subjective lay opinion and not an expert opinion. Agent Fox received education and training in the field of ...

This is so because it is improper to order restitution to a party with no relationship to the crime of conviction. Therefore, we reverse and remand with directions that the circuit court enter an amended judgment of conviction. “If the ...

Scott Pittman appeals a jury verdict finding him guilty of operating a motor vehicle while intoxicated. Pittman contends that the trial court erred by excluding testimony related to his reasons for refusing to submit to a chemical test for alcohol. ...

“It is true that the consent followed closely on the heels of the questionable pat-down search, which could suggest that the consent was a product of that search. In this case, however, we find that the other two factors indicate ...

The State of Wisconsin Department of Agriculture appeals a judgment that it lacks statutory authority to issue orders regarding the liability of trustees and sureties to pay producers. The department contends that it has either express or implied statutory authority, ...

Randy Simplot appeals a judgment convicting him of being party to the crimes of possession of cocaine with intent to deliver and maintaining a drug house, each as a repeat offender, and also an order denying his postconviction motion. He ...

“Limares stresses that several investigations have found that some molecules of cocaine, heroin, and other drugs can be found by sophisticated apparatus on almost all currency. This has the potential to increase the rate of false positives, and if the ...

The Polk County Child Support Agency appeals from an order denying its motion to modify Roger Peterson’s child support obligation. The agency argues that the trial court erroneously exercised its discretion by denying its motion. Specifically, the agency contends that ...

Dwayne Jackson appeals an order denying his motion for resentencing. He argues that the trial court unreasonably drew an inference from his sporadic employment record that he supported himself by selling drugs and that this inference created a risk of ...

Michael A. Schwaller appeals from the portion of the property division of the judgment of divorce which awarded the marital residence to Tammy L. Schwaller. Michael argues on appeal that the circuit court misused its discretion when it awarded the ...

Martin Bauknecht appeals from his 12-year sentence and denial of his motion for postconviction relief on four counts of issuing worthless checks as a habitual criminal. The single issue on appeal is Bauknecht’s challenge to the circuit court’s exercise of ...

Gary Zeka appeals his judgment of divorce, challenging the trial court’s decisions with respect to property division and the term of maintenance awarded to his former wife, Wendy Zeka. He also contends that the record fails to support the trial ...

“No business is entitled to a trial after which judge and jury will determine how language ought to be used, as if usage were a question of law or logic. It is enough to guard against misleading expressions that play ...

Phyliss T. appeals the order terminating her parental rights to Kassandra T., and the order denying her claim of ineffective assistance of counsel. Because Phyliss has failed to meet her burden of demonstrating trial counsel was ineffective, we affirm the ...

“It is an abuse of discretion (the normal standard applied to decisions relating to the management of litigation, and the one by which dismissals for violation of Rule 8 arereviewed, Kittay v. Kornstein, 230 F.3d 531, 541 (2d Cir. 2000); ...

Marion L. M. appeals from an order terminating her parental rights to Macala M.E. Marion argues that the trial court failed to make a finding that her conduct undermined her ability to function as a parent and, therefore, she was ...

“The policies articulated in our quasi- judicial immunity cases have less force when, as in this case, the challenged conduct is the manner in which the judge’s order is carried out, and not conduct specifically directed by a judge. Reading ...

Dawn M.E. appeals an order terminating her parental rights to her son, Daniel M.E. She contends that the evidence was insufficient to support the jury finding grounds to terminate her parental rights. Dawn also argues that the trial court erroneously ...

“[T]his case differs from the typical case in which an employer and employee agree to arbitrate their disputes because of the complicated three-party approach by which Ryan’s sought to bind Penn to arbitration. Although Penn obviously was motivated to sign ...

James C. Thomson appeals from the grant of summary judgment awarded to United Water Services Milwaukee LLC, and United Water Resources Inc. (collectively, UW), dismissing his breach of contract action. Thomson contends that the circuit court erred in granting summary ...

Rick Norem appeals from an order denying his motion for sentence modification. Norem argues that the circuit court erred when it concluded that Norem failed to demonstrate the existence of a new factor that would allow the court to consider ...

Otto Mogged III appeals an order vacating a previous maintenance determination and setting maintenance at $2,000 per month. Otto argues that the trial court erroneously exercised its discretion when it failed to apply the “extraordinary circumstances” test and failed to ...

“Allowing former employees to complain about postemployment discrimination that does not involve retaliation would actually hurt them, in the same way that denying them protection against retaliation would hurt them: it would create perverse incentives. Since there is no legal ...

Ruth A. Ruege appeals from the judgment dismissing this action. Ruege argues on appeal that her informed consent cause of action should not have been dismissed by directed verdict and that the court improperly excluded certain testimony. Because we conclude ...

“Bobbitt attempts to blame her untimely receipt of the right-to-sue notice on her ‘extensive travel schedule.’ Her argument is without merit. The notice was issued on Aug. 11, 1999. According to the very facts pleaded by Bobbitt, she did not ...

Jeffrey Vis appeals from a judgment dismissing his claim against Cushman, Inc. for injuries he sustained when the brakes failed on a motorized garbage cart manufactured by Cushman. Vis challenges the trial court’s failure to grant summary judgment as a ...

“The possession, receipt and shipping of child pornography directly victimizes the children portrayed by violating their right to privacy, and in particular violating their individual interest in avoiding the disclosure of personal matters. See Ferber, 458 U.S. at 759 n.10 ...

Don Simpson Jr. appeals from a judgment convicting him of two counts of delivering cocaine base within one thousand feet of a school as a repeater. He challenges three evidentiary decisions and the trial court’s jury instructions. We affirm. This ...

“Businesses such as C&I’s lot that can be observed by anyone passing on the street lack any comparable privacy interest. An open gate invites entry, and a chain-link fence does little to assert a privacy interest (as opposed to a ...