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

“The Crums rely on an alleged distinction between the ‘Treasury Department’ and the ‘Department of the Treasury.’ They assert that the ‘Treasury Department’ and the ‘Department of the Treasury’ are ‘distinct statutory entities, each with a separate identity, history, stature, ...

September D. and Ahamihl P., the parents of Ahayana P., appeal the order extending and revising the dispositional order in Ahayana’s CHIPS case. Ahamihl P. submits that the trial court erred in its interpretation of Wis. Stat. sec. 48.38(4)(d) (1999-2000) ...

“The Supreme Court’s decision in Davis means that Wentela and [State v.] Walkowiak, [183 Wis.2d 478 (1994] are no longer valid as a matter of Fifth Amendment law, and we therefore overrule them. We also decline, in this instance, to ...

“Izen’s complaint that the Tax Court based its finding of bad faith on his conduct in other cases is off the mark in two respects. The court placed primary reliance on his conduct in the present case; our recital of ...

Order affirmed. Recommended for publication in the official reports. DISSENTING OPINION: Hoover, P.J. “While I appreciate the trial court’s and the majority’s rationale, I would hold that Wisconsin Seafood was the prevailing party in the arbitration proceeding. I therefore respectfully ...

Emily Dee appeals from a judgment dismissing her personal injury claim against Market Square Housing, LLC, and its insurer. She sued after being injured in a parking ramp under construction. On summary judgment the trial court held Dee more negligent ...

“We have long and consistently held that the extraordinary writ of habeas corpus is not available to a petitioner when the petitioner has other adequate remedies available. … “In this case, there is no question that Haas had an otherwise ...

“The claimants’ Notices of Claims requested that ‘their interests [i.e., alleged equitable liens] in this cause be protected by the [district court].’ However, at the time they filed this collective notice no such ‘interests’ had yet been established. Thus, while ...

“Although the signature need not be handwritten, the term ‘subscribed’ cannot be read to dispense altogether with a written indication of assent. To give such an expansive meaning to the term would frustrate the purpose of the statute, which is ...

Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of ...

The Government asserts that three substantial interests underlie the FDAMA: (1) preserving the effectiveness and integrity of the FDCA’s new drug approval process and the protection of the public health it provides; (2) preserving the availability of compounded drugs for ...

“Defendants are entitled to competent appellate representation. Good advocates do not raise every non-frivolous legal issue. Counsel’s duty is to present those contentions that promote the client’s interest. Sometimes a litigant may want to take a potentially injurious step, and ...

“The flaw in Franszczak’s argument lies in his assumption that the evidence was exculpatory when it was in the possession of the crime lab. When the evidence was seized and submitted to the crime lab, the State did not know ...

Gregory Krug appeals from a judgment terminating a trust for which he is trustee. We affirm. This opinion will not be published. Dist IV, Dane County, Nichol, J., Per Curiam Attorneys: For Appellant: Gregory C. Krug, Beaumont, TX For Respondent: ...

“The question is whether a proposed accommodation that would normally be reasonable is rendered unreasonable because the assignment would violate a seniority system’s rules. Ordinarily the answer is ‘yes.’ The statute does not require proof on a case-by-case basis that ...

“Anderson claims that the district judge should have held a hearing to determine whether Hoffeditz had, in fact, breached confidences that made their way to the feds… Judge Gilbert was well within his discretion to deny a hearing. Anderson’s argument ...

“To put it bluntly, the defense takes its chances when offering a theory of defense and the State can keep knowledge of its legitimate rebuttal witnesses from the defendant without violating sec. 971.23(1)(d). … “Sound policy reasons support our holding ...

Carole Barber Stoviak appeals from a circuit court judgment admitting the will of her mother, Margaret Barber, into probate over Carole’s objection. The Last Will and Testament of Margaret Barber, dated Dec. 30, 1997, disinherited Carole and divided Margaret’s estate ...

“This is not to say that a prisoner must articulate legal arguments with the precision of a lawyer – though even lawyers need not do much more than hint at a federal theory. See Verdin v. O’Leary, 972 F.2d 1467 ...

“We agree with the respondents that certiorari review is the appropriate procedural device. … When Purifoy filed his petition, he was not asserting that he was then being illegally restrained. Rather, he was seeking review of Morgan’s decision rescinding his ...

Eric R. George appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. George brought a motion for postconviction relief asking for a new trial on the same two grounds he raises ...

“The judge found that the plaintiff had lied on the application for leave to proceed in forma pauperis. That was a finding of pure fact. But the judge went on to find that the plaintiff’s lie was so egregious that ...

[See, for example, United States v. Place, 462 U.S. 696 (1983) and State v. Garcia, 195 Wis. 2d 68 (Ct. App. 1995)]. “Although Place’s actual holding specifically addressed only sniffs of luggage in an airport, the logic of Place-that dog ...

Keith A. Glass appeals from the judgment of conviction entered after a jury convicted him of armed robbery, party to a crime. Glass claims: (1) because the photographic array used to identify him was impermissibly suggestive and unreliable under the ...

“Because these claims must be adjudicated under the law of so many jurisdictions, a single nationwide class is not manageable. Lest we soon see a Rule 23(f) petition to review the certification of 50 state classes, we add that this ...

Michael S. Elkins appeals from an order of the circuit court dismissing his claim for alienation of affection against Shawn B. Schneider. On appeal, Elkins argues that the circuit court erred when it denied his requests for substitution of a ...

Robert O. Schmidt appeals from an order denying his Wis. Stat. sec. 974.06 (1999-2000) motion. We affirm. This opinion will not be published. Dist II, Kenosha County, Schroeder, J., Per Curiam Attorneys: For Appellant: Kathleen M. Quinn, Milwaukee For Respondent: ...

“Because these claims must be adjudicated under the law of so many jurisdictions, a single nationwide class is not manageable. Lest we soon see a Rule 23(f) petition to review the certification of 50 state classes, we add that this ...

Land Trust Management appeals from the trial court’s order dismissing its eviction action because its trustee, who is not a lawyer, could not commence or prosecute an action on its behalf in small claims court. The respondents, Ron and Christine ...

Jeffrey L. Thompson appeals, pro se, an order of the trial court denying his motion for postconviction relief. We affirm. This opinion will not be published. Dist IV, Rock County, Roethe, J., Lundsten, J. Attorneys: For Appellant: Jeffrey L. Thompson, ...