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

Rodney G.R. urges us to reverse his involuntary commitment because the trial court did not apply the proper standard of dangerousness and there is insufficient evidence in the record to support the involuntary commitment. From our independent review of the ...

“Zurn’s bankruptcy ended in 1996. The plan of reorganization has been fully implemented; there is nothing to ‘enforce’ and no reason to reopen and alter the plan. Zurn’s belief that anyone who has been a debtor in bankruptcy has eternal ...

“All of the acts, both past and present, involved Opalewski taking advantage of minor children with whom he shared a familial or quasi-familial relationship for his own sexual gratification. This is a critical similarity. That he would have more than ...

Nicole Lopez appeals from a judgment convicting her of operating a motor vehicle while intoxicated, second offense. She contends that no probable cause existed to arrest her and therefore the circuit court erred when it denied her motion to suppress. ...

“Brown alleges on appeal that he is entitled to a new trial because the government failed to turn over the trace report in response to his discovery requests. Even if the government did withhold the report, however, Brown is entitled ...

“[W]ithout being put on notice that the State was relying on more exceptions than just consent, the court did not have an opportunity to clarify the record regarding those exceptions. It would be unfair to the court and to Mikkelson ...

Milwaukee County (County) appeals from the trial court’s dismissal of the municipal ordinance violation charging Baumgartner with operating a motor vehicle under the influence of an intoxicant. In another case charging Baumgartner, the County also appeals from the trial court’s ...

“Chiappetta must do more than allege that she was emotionally upset during trial to come within the rule of Drope or Pate. ‘Not every manifestation of mental illness demonstrates incompetence to stand trial; rather the evidence must indicate a present ...

Nick Ladopoulos appeals from a summary judgment dismissing his claims for intentional misrepresentation, tortious interference with a prospective contract and breach of the covenant of good faith and fair dealing against PDQ Food Stores, Inc. In addition, Ladopoulos challenges the ...

Clinton Donahue appeals from a judgment convicting him of possessing THC, as a second offense. He challenges the denial of a suppression motion, claiming that the police lacked reasonable suspicion to search his car for weapons and that, even if ...

“Our review of the seven role-in-the-offense factors … confirms that the facts are inadequate to establish Schuh as an organizer or leader. See U.S.S.G. sec. 3B1.1, comment. (n.4). First, although the scope of the illegal activity was extensive, Schuh had ...

B & P Drywall and its insurer appeal a judgment affirming a decision of the Labor and Industry Review Commission that determined Stanley James was an employee, not an independent contractor, at the time he fractured his heels, and that ...

Ronald Wilson appeals a judgment of conviction. The issue is whether evidence should have been suppressed. We affirm. This opinion will not be published. Dist I, Milwaukee County, Schellinger, J., Per Curiam Attorneys: For Appellant: Russell D. Bohach, Milwaukee For ...

“In Leonard’s case, all the financial transactions considered fall within the scope of ‘relevant conduct’ as defined in section 1B1.3(a)(2). Although Leonard pled guilty to filing a single false tax return, the record clearly shows that she engaged in additional ...

Harold Matis appeals a judgment affirming a decision of the Labor and Industry Review Commission that rejected his claim that he was terminated from Purpose Extruded Aluminum (PEACO) because of his age. He argues that the trial court should have ...

Darla Rae Duchay appeals a judgment convicting her of two counts of forgery-uttering, one count as a habitual criminal. She also appeals the order denying her motion for postconviction relief. Duchay argues that the circuit court: (1) violated her due ...

“[S]taring at a criminal with numerous opportunities for but no record of rehabilitation, Judge Kocoras, a most capable veteran jurist, simply imposed the longest sentence statutorily possible in order to achieve the maximum incapacitation possible. Instead of trying to translate ...

Gary McCaughtry appeals from an order reversing a prison disciplinary decision against Leslie Schatz. On all but one of Schatz’s challenges to the decision, we conclude the adjustment committee did not err; on the remaining issue regarding timely receipt of ...

Shelly Fisher appeals her judgments of conviction for first-degree recklessly endangering safety and battery, each committed with a dangerous weapon and as domestic abuse. She also appeals an order denying her postconviction motion to withdraw her no contest pleas or, ...

“Having examined the scope of the prosecutor’s obligation under the statute and the statutory phrase ‘plans to use in the course of the trial,’ we turn to an application of § 971.23(1)(b) to the facts of this case. The issue ...

Roger L. Kaufman appeals an order of the circuit court dismissing his request for relief. Kaufman filed a “Motion for Declaratory Judgment Upon Writ of Certiorari” requesting various forms of relief related to his record from Corrections Corporation of America, ...

Sheldon Miller appeals an order committing him as a sexually violent person under Wis. Stat. ch. 980, and a later order denying his motion alleging ineffective assistance of counsel. The issues are whether his trial counsel was ineffective and whether ...

We agree with the defendant that the trial court erroneously exercised its discretion in excluding the testimony of defendant’s expert witness about the child victim’s recantation and interview techniques used by the State’s expert because the exclusion of such testimony ...

Daniel Harr, an inmate at Green Bay Correctional Institution, appeals the trial court’s order dismissing his petition for certiorari review of the adjustment committee’s decision that he made a threat in violation of Wis. Admin. Code sec. DOC 303.16 (Register, ...

“The theory is that the wholesalers joined the manufacturers’ conspiracy. And of that there is too little evidence to permit a reasonable jury to infer the wholesalers’ guilt. There is first of all no evidence that the wholesalers knew that ...

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a ...

Patricia Plantico’s Estate appeals from a judgment entered on a jury verdict dismissing its medical malpractice claim against Dennis Maiman, M.D., and the Medical College of Wisconsin. Plantico’s Estate claims that the trial court erred when it denied the Estate’s ...

“The district court cited two facts to support its finding of mootness: Grappolini’s agreement to maintain the status quo, and the parties’ efforts to settle the case. However, even accepting these assertions as true, they fail to demonstrate that no ...

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a ...

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a ...