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

“We find nothing in Hansford to support the conclusion that the difference between a six-person jury trial and a twelve-person jury trial is so fundamental that a six-person jury trial, which was conducted without objection under the express authority of ...

“In this case, there is no indication that Gochis has suffered any prejudice as a result of the magistrate judge’s failure to admonish him about his right to a trial before a district judge. His primary concern was to have ...

“The trial court properly denied the motion because it was not supported by a preponderance of evidence showing that Leitner actually had an alibi witness which he had previously chosen to conceal. At the hearing on his motion to withdraw ...

“Because our decision to affirm Lindell’s conviction is at odds with State v. Ramos, 211 Wis.2d 12, 564 N.W.2d 328 (1997), which would have required an automatic reversal in any situation where the defendant used a peremptory strike to remove ...

“While Hemmings seeks relief under 18 U.S.C. sec. 3162(a) (1), it is clear from the plain language of the statute that his claim must fail. Section 3162(a)(1) provides: ‘If, in the case of any individual against whom a complaint is ...

Eric Lefkofsky appeals the circuit court’s decision to grant default judgment in favor of Clyde Pearson because Lefkofsky engaged in bad-faith discovery practices, including failing to appear for a court-ordered deposition four weeks before a scheduled trial. He argues that ...

“The effects of the nonpayment of child support on our children are particularly troubling. In addition to engendering long-term consequences such as poor health, behavioral problems, delinquency and low educational attainment, inadequate child support is a direct contributor to childhood ...

“The State’s meager circumstantial evidence against Piaskowski is also innocuous. The fact that Piaskowski was present in coop 9 prior to the beating and entered coop 7 after the beating, 2 or 3 minutes after Kutska and Moore, proves little ...

Thomas Ferry appeals his divorce judgment, challenging the amount and duration of maintenance awarded to his former wife, Laurie Ann Ferry. He argues that the trial court erroneously exercised its discretion in setting maintenance. We disagree and affirm the judgment. ...

“We cannot agree that the legislature intended to prohibit notification of potentially vulnerable persons; nothing in the language of the statutes or in the legislative history supports such a conclusion. Such a conclusion would invalidate the notice in rule 16-3 ...

“[C]onflicting testimony was presented about the filing of an appeal. The district court did not credit Casey’s deposition testimony, which the court stated indicated a bias against Popuch on Casey’s part due to the check forgery. Also, given Tezak’s vocal ...

“[T]he determination whether an insurer has been prejudiced by the lack of timely notice is essentially a question of fact. The fact finder’s determination should not be set aside unless it is clearly erroneous. Wis. Stat. sec. 805.17(2). Wisconsin Stat. ...

“In the 17 years since Leon became law, there is no evidence here, and none has been offered, that the good faith exception has given rise to increased police abuse or oppression… [W]e find that Article I, Section 11 of ...

“Given Espinoza’s resistive physical response to the officers’ attempt to gain forcible entry into his home (holding the door shut to prevent the officers from entering) we fail to see how the officers’ alleged failure to wait an objectively reasonable ...

Kenyota A. appeals from orders terminating his parental rights to his two children. Kenyota argues the trial court lost competency to proceed because the initial hearing was not completed within thirty days of the petition’s filing and the fact finding ...

“The rule against ‘rehabilitating’ a warrant after-the-fact by information known to the police but not included in the warrant application… applies only to challenges to the sufficiency of a search warrant under the warrant clause, not challenges to the manner ...

“[B]ecause the issue seems to be of statewide importance, we take the unusual step of remanding the matter to the circuit court where the parties can further develop the facts and legal analysis. Although case law seems to protect uplands ...

Michael J. Bielefeldt appeals from a judgment of conviction of second-degree sexual assault, false imprisonment and battery. He also appeals from an order denying his postconviction motion. Bielefeldt argues that he should have been allowed to withdraw his guilty plea ...

“The defendant’s criminal record (even, as here, of very recent vintage) is an aspect of his status, which is unalterable, whether he is committing a crime at the time his vehicle is stopped or not. Whether he possessed drugs three ...

State ex rel. Lockman v. Gerhardstein, 107 Wis.2d 325, 320 N.W.2d 27 (Ct. App. 1982) (finding the time limit mandatory) is distinguishable because Lockman involved a delay caused by the state. To hold otherwise would permit detained subjects to manipulate ...

Devaldis Garth appeals a judgment convicting him on one felony and two misdemeanor counts. The issue is whether the trial court properly denied his motion to suppress the evidence used to prosecute him. We affirm. This opinion will not be ...

“The district court in this case structured its upward departure from the PSR’s suggested offense level of 11 to an offense level of 13 by increasing one offense level for Peterson’s first three criminal history points in excess of the ...

Where the plaintiff customers did not allege that they had received late bills, or that they intended to disregard the bills and late fees, the circuit court did not abuse its discretion in dismissing the customers’ claims for declaratory and ...

Scott Stannard appeals from a judgment convicting him of theft and an order denying his motion for postconviction relief. Stannard contends that the presentence report writer was biased against him, prejudicing the sentencing process. We affirm. This opinion will not ...

“While the Sixth Circuit’s reading of Apprendi is now perhaps a tenable one (and might indeed be the wave of the future), it is not, at this point, our reading. It is true, as noted by the Sixth Circuit, that ...

Plaintiff corporation had been defendant corporation’s exclusive Wisconsin sales representative for 28 years when defendant terminated the agreement with 90 days’ notice. Defendant did not pay plaintiff commissions for orders submitted during the 90-day period; plaintiff brought this action alleging ...

“[A] federal reserve bank is open to the public for substantially all of its banking functions whenever the check-processing department is open for the receipt of checks, which in the case of the Federal Reserve Bank of Chicago is 24 ...

“In the trial of this criminal case I used a verdict form in which special interrogatories on all elements of the crime preceded a question on guilt or innocence… My reasons for using this verdict form appear in the transcript, ...

“We are unable to identify any difference in situation or circumstance between properties located in populous counties and properties located in other counties in the state that would necessitate different legislation for the classes in challenging their property assessment. Properties ...

According to expert testimony elicited at the administrative hearing, landspreading manure improperly results in the release of pollutants to surface water or groundwater. If applied near streams, or on fields with drainage tile systems, runoff of pollutants into surface waters ...