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

“We conclude that the method used to take the blood sample was a reasonable one and was performed in a reasonable manner. At the outset, we reject Daggett’s assertion that blood draws must take place in a hospital setting in ...

Cain Wiskow appeals a judgment convicting him of burglary to a dwelling as a repeater. He argues that the trial court erroneously denied his suppression motion because a warrantless search of his room violated his Fourth Amendment rights. Because Wiskow’s ...

“In our case, the shooting was not related to the escape. It would have been related if, for instance, Taylor shot at an officer who was trying to catch him. Nor was the shooting part of an attempt to escape ...

Antonio Herrera, Jr., appeals a judgment convicting him of first-degree intentional homicide, armed robbery and burglary while armed as a party to the crimes. He argues that the trial court erroneously exercised its discretion when it denied his motion in ...

“Everyone pretty much knows what a panderer is – quaint language in a 70-year-old Kentucky case colorfully tells us that he is someone ‘who procures for another the gratification for his lusts. He is a panderer who solicits trade for ...

Davinne G. Taylor appeals from a judgment entered on a jury verdict convicting him of robbery with use of force, and from the trial court’s order denying, without an evidentiary hearing, his motion for postconviction relief. The Honorable Elsa C. ...

“Marquardt argues that the County’s attorney acted in bad faith in advising the pension board to offset all his worker’s compensation benefits, including the 15% increase, and the pension board’s refusal to exempt his 15% increase in worker’s compensation benefits ...

Omer Ninham appeals a judgment convicting him of first-degree intentional homicide and physical abuse of a child. He also appeals an order denying his postconviction motion. He argues that the trial court erred when it sua sponte struck two members ...

Accordingly, the certification from the Court of Appeals is dismissed as improvidently granted. On Certification from the Court of Appeals; Per Curiam Attorneys: For Appellant: Thomas M. Devine, JoAnne M. Breese-Jaeck, Racine For Respondent: Thomas H. Koch, Milwaukee

“The record conclusively shows that BC/BSUW has not been operated exclusively for charitable purposes. At least since 1979 when Associated Hospital Service, Inc. was reorganized as BC/BSUW, it has provided health insurance to individuals who paid premiums. Although it operated ...

Ann Thenell appeals a judgment convicting her of failing to stop at a stop sign. The basic tenor of her principal argument is that the trial court erred when it found the arresting officer’s testimony more credible than Thenell’s. Because ...

“Indeed, despite mandatory review, state court litigants who have obtained a favorable final judgment in federal court may still seek a federal court injunction to prevent any state court action. Thus, mandatory review serves comity only to the extent that ...

Accordingly, the dominant estate does not include Lots 6 and 7 of Block Two because a right of first refusal is not equal to an ownership interest and the owners of Lots 6 and 7 are not entitled to use ...

Jeffrey L. Wyczawski appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). Wyczawski argues that the results of his blood alcohol test should not have been admitted because (1) there ...

“In this case we conclude that the one-year suspension sought by the Board is appropriate. First, the misconduct committed by Attorney Carroll was serious and extensive. In particular, it demonstrated a pattern of deception and misdealing with clients that runs ...

We agree with defendant that its operation of the modernized crusher system only increases the frequency, intensity and volume of its recycling capabilities and presents no identifiable change in use. We disagree with the county’s argument that an identifiable change ...

Michael Kuhn appeals a judgment convicting him of operating a motor vehicle with a prohibited alcohol concentration, in violation of a city ordinance. He claims the trial court erred in denying his motion to suppress evidence of the result of ...

“Peterson … argues that the phrase ‘buildings, structures and improvements’ merely modifies ‘real property,’ so that a person who owns a building, structure or improvement but does not also own the underlying real property does not own ‘property’ within the ...

“Based on our understanding of criminal intent, we determine that the expert testimony and other evidentiary submissions were highly relevant to Stephen’s theory of defense. The trial court rejected the submissions based on the mistaken belief that as long as ...

Corrine Brazee appeals her conviction for third offense operating a motor vehicle while under the influence of an intoxicant (OWI). She claims that the circuit court erred by rejecting her motion to suppress blood test results on the basis of ...

“Where there is no evidence of intentional or reckless misconduct on the part of law enforcement officers, a reconstructed warrant application may serve as a functional equivalent of the record of the original application. Such a reconstruction, when made appropriately, ...

“While [the sentencing judge’s] comments were well-considered in many respects, they reflected no recognition of the trial testimony, the presentence investigation report, or [the trial judge’s] sentencing comments on the severity of the offense. That information was essential to a ...

“Marquardt argues that the County’s attorney acted in bad faith in advising the pension board to offset all his worker’s compensation benefits, including the 15% increase, and the pension board’s refusal to exempt his 15% increase in worker’s compensation benefits ...

“[T]he possibility of suit directly against the Director is created not by our decision but by the language of sec.4072 itself. It is an option, however, only when the Director has disallowed a claim. According to the FEMA’s amicus brief, ...

Skycom, Inc., appeals from an order denying its “motion for relief from judgment” and motion to amend its complaint. The issues relate to the scope of this appeal and whether the circuit court erred in denying the motion to amend ...

Robert Stewart, appealing pro se, raises numerous issues challenging his conviction, after a jury trial, for operating a motor vehicle while under the influence of an intoxicant (OWI), fourth offense. The State concedes that the trial court failed to conduct ...

“Rendler requests this court to interpret the TILA as requiring a lender to provide a single document to a borrower, that reflects the total cost of a loan, regardless of the number or variety of loans that comprise a credit ...

William Drilias appeals a summary judgment dismissing his breach of contract action against Capital City Partnership. The trial court concluded that Drilias lacked the capacity to sue on a contract between Capital City and Festival Events, Inc. (FEI), because FEI’s ...

David Schwarz, Administrator of the Division of Hearings and Appeals, appeals an order reversing a probation revocation decision. The issue is whether that decision was reasonable and supported by substantial evidence. We affirm the trial court’s determination that it was ...

“In this case, the class won a victory. The court found that the class was discriminated against in the first of seven steps required for employment with the ISP – the written examination. The court ordered that the class members ...