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“After demonstrating constructive discharge, the plaintiff must show that the constructive discharge was motivated by discriminatory intent-in this case, religiously discriminatory intent. See Simpson, 196 F.3d at 877. But contrary to the Chicago Hospitals’ assertions, it is not necessary that ...

“Barbara contends that the chief judge review is discretionary because the statute says Judge Warpinski’s determination ‘may’ be reviewed. However, the full context reads that the determination may be reviewed ‘if the party who made the substitution request files a ...

Robert and Josyanne Stanek, pro se, appeal a summary judgment of foreclosure granted in favor of the Wisconsin Housing and Economic Development Authority (WHEDA). The Staneks argue that the trial court erred by granting WHEDA’s motion for a summary judgment ...

“The prosecutor’s affirmation of the plea agreement was not adequate to overcome the prosecutor’s covert message to the circuit court that a more severe sentence was warranted than that which had been recommended. … “This case presents a close question. ...

“First, characterizing Columbia Propane’s claim against Wisconsin Gas as a claim to enforce a contract overlooks the underlying torts asserted, which are the primary claims that need to be tried. The asset purchase agreement is the source of Columbia Propane’s ...

Century 21-Olympia Inc. prevailed in a small claims action to recover a real estate commission from Jeffrey and Amy Chayer, and, pursuant to a contractual provision for reasonable attorney fees, the circuit court awarded Century 21 $6,000 in attorney fees. ...

“[T]here was ample evidence to support the jury’s finding of a single conspiracy. Jones does not dispute the fact that the government provided sufficient evidence to prove a conspiracy for the period ending in May 1999. In fact, in his ...

“Theoretically, years of efforts could lay the foundation for a later rapid appreciation of an asset. For example, a couple could plan and prepare to turn the farm into a subdivision. Later, the years of planning could come to fruition ...

Kenneth Champion appeals from an order denying his Wis. Stat. sec. 974.06 (1999-2000) motion for postconviction relief. He also raises issues concerning appellate counsel’s performance on a prior direct appeal from the underlying criminal conviction. We affirm the trial court’s ...

“[Austin v. Mitchell, 200 F.3d 391 (6th Cir. 1999)] concluded that tolling occurs under sec.2244(d)(2) only if a prisoner includes in his state collateral attack at least one of the issues raised in the federal challenge. The court reasoned: ‘Otherwise, ...

“The work is completed when the contractor has performed all work it is responsible for under the terms of the contract. This is an issue of historical fact, and it has been stipulated to in this case. The contractor, by ...

Following a trial and a direct appeal of his convictions for attempted first-degree intentional homicide and first-degree recklessly endangering safety, Anou Lo filed a postconviction motion seeking a new trial on numerous grounds. The circuit court denied the motion in ...

“We conclude that these circumstances were largely of Francisco’s own making and thus did not transform the nature of the police conduct. A Terry stop is, after all, a brief involuntary detention. One of the ways the police might ensure ...

“The policy provides coverage for ‘bodily injury to one person in any one occurrence.’… The reasonable interpretation of the word occurrence is that it is refers to the event of injury. See Bankert v. Threshermen’s Mut. Ins. Co., 110 Wis. ...

James Sanders appeals a judgment sentencing him to 10 years in prison and 10 years’ extended supervision for second-degree sexual assault, and an order denying his postconviction motion. He argues that the State’s sentence recommendation violated the plea agreement, his ...

“All the courts to address the question have held that at least in the case of surreptitious reentry, as in this case, the ‘found in’ offense is first committed at the time of the reentry and continues to the time ...

“In sum, we conclude that the trial court did not err in finding that all twenty-one sites involved in this case fall into categories one, three, or four, and as a result are not ‘legal damages’ entitled to insurance coverage ...

Rosemarie Parsons appeals judgments convicting her of two counts of causing mental harm to a child, one count of recklessly causing bodily harm to a child, and one count of failing to prevent bodily harm. She also appeals an order ...

“First, under Section 5K2.13(2), the district court concluded that Cravens’ offenses involved a serious threat of violence. Cravens approached the teller at the Manufacturers Bank in Lansing, Illinois, and passed her a demand note which read ‘give me your 100s ...

We conclude that the recent decision in Estate of Dorschner v. State Farm Automobile Insurance Co., 2001 WI App. 117, decided six months after the circuit court’s decision in this case, requires reversal. “By prefacing the antistacking provision with the ...

Brian Sullivan appeals the judgment of conviction for resisting an officer as a repeater, which was entered based on Sullivan’s plea, and the order denying his postconviction motion to withdraw his plea or be resentenced. The motion was denied under ...

“This interpretation of Wis. Stat. § 971.11(7) granting a circuit court the discretion to dismiss a criminal case with or without prejudice best serves the legislative purposes: …We further agree with the court of appeals that to interpret § 971.11(7) ...

“[T]he relevant language in Wis. Stat. § 71.05(6)(a)1 provides that Wisconsin taxpayers are to add to their federal adjusted gross income “any interest … which is not included in federal adjusted gross income.” The plain meaning of this language requires ...

Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a ...

“The Zentgrafs rely entirely on portions of Mr. Zentgraf’s deposition. The brief portions to which they refer, however, aside from confirming that the Zentgrafs had a long-term marriage and two minor children, merely establish that although his treating physician had ...

Richard Borowitz appeals a judgment convicting him on charges of manufacturing marijuana, and possessing it with intent to deliver. Borowitz entered a no contest plea to the charges after the trial court denied his motion to suppress much of the ...

This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons. “In this context, however, we do not distinguish ...

The State of Wisconsin appeals from an order granting Brandy Arneson’s motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that ...

Stacie Neldaughter appeals an order that affirms a decision of the Wisconsin Board of Nursing. The Board disciplined Neldaughter, formerly a registered nurse in Wisconsin, for misconduct and unprofessional conduct. She contends that the Board misinterpreted the administrative code provisions ...

Roger Lenox challenges the sentence he received on his conviction for second-degree sexual assault of a child. Following his guilty plea, the court sentenced Lenox to 20 years’ confinement and 10 years’ extended supervision. Lenox contends that the sentencing court ...