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

And this is so even though plaintiffs, and others in the subdivision, had also violated the restrictive covenant by erecting sheds on their property. “The Dufranes assert that ‘the distinguishing factor in the present case is that the plaintiff has ...

Michael A. Senecal appeals from an order revoking his driving privileges based upon the trial’s court determination that Senecal improperly refused to submit to a chemical test under the Implied Consent Law, Wis. Stat. sec. 343.305. On appeal, Senecal argues ...

“Johnson takes issue with the district court’s reliance on her alleged interview answer stating that sales would be the primary aspect of the beauty director’s job. Johnson claims that ‘even if she did [give that answer], that was not necessarily ...

“Thus, even assuming the commission has not previously decided whether the application of bar codes to mail is manufacturing under Wis. Stat. sec. 70.995, it is still entitled to some degree of deference. Assuredly, this is not the first time ...

Douglas J. Miller appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (OWPAC). Miller challenges the denial of his motion to suppress the results of a chemical test of his blood. Specifically, Miller ...

“As for the district court’s action in reducing the interest rate from 1.5 to 1 percent, there was no basis in law for that ruling. … The court may have been influenced by Wisconsin’s usury law, which fixes 12 percent ...

“Whistleman’s argument that the disks are not ‘pictorial reproductions’ because one cannot see the images of the children by looking at the disks is not persuasive. The words ‘or other’ before ‘pictorial reproduction’ indicate that the legislature meant that the ...

Ryan Rumlow appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant. He claims that the arresting officer did not have probable cause to administer a preliminary breath test. Rumlow thus contends that ...

“While the Whites performed … upkeep, such as maintaining the property and performing routine repairs and cleaning, this involvement is not legally significant. The Whites’ garage apartments were appendages of their primary residence. Such normal upkeep benefited them personally as ...

Accordingly, the trial court erred in dismissing his petition for certiorari for failure to state a claim. “At its core, Adell’s petition asserts that he has suffered injury due to allegedly erroneous negative comments documented in his inmate records in ...

Gene W. Squire appeals from a judgment of conviction for operating while intoxicated, first offense. He contends that the arresting officer did not have reasonable suspicion to stop his vehicle, and therefore the trial court erred in denying his motion ...

“We agree with the decision of the district court that Lau’s proposed transfer of Grube from the first to the second shift, unaccompanied by any significant change in job responsibilities, pay or benefits, falls far short of constituting an adverse ...

Theresa Johnson-Buhrandt, the widow of Mark Johnson, appeals from the circuit court order that upheld the Labor & Industry Review Commission’s decision denying her a 15% increase in compensation benefits under Wis. Stat. sec. 102.57 (1993-94) based on its determination ...

Kenneth S. Meidenbauer appeals from his conviction for making an illegal U-turn at a prohibited place on a highway. The location was a cross-over area connecting the eastbound and westbound lanes on I-94. These cross-overs typically have signs saying that ...

“The district court ruled that Platinum was estopped from denying Bock the full severance benefits, defined as including commissions. The court reasoned that Freedman’s assurances that ‘everything is included … you’re covered’ induced Bock to sign the agreement. However, Platinum ...

Mary Moser appeals her divorce judgment from Bradley Moser, challenging the denial of maintenance and the valuation of Bradley’s veterinary practice. She argues that the court erroneously exercised its discretion when it denied maintenance, given the length of the marriage, ...

Barry Kundert appeals a judgment convicting him of obstructing an officer, claiming he should be granted a new trial because he was denied his constitutional right to a unanimous verdict. We agree and reverse both the judgment of conviction and ...

“Havvard argues that fingerprint comparisons are not reliable because the government admits that the basic premise that all fingerprints are unique remains unproven, and because there are no objective standards for defining how much of a latent fingerprint is necessary ...

Judith Kruk appeals from the judgment of divorce that gave her former husband shared placement of their two children and awarded him the family home. She argues that the trial court applied the wrong legal standard when it ordered joint ...

Donald Kaltenbach appeals from a judgment of conviction, following a guilty plea, for first-degree reckless homicide, while armed, and from the circuit court order denying his postconviction motion. He argues that counsel was ineffective and that the court erroneously exercised ...

“Although Kosth attacks the sufficiency of the evidence of sham ownership, we are satisfied that there was enough evidence in the record to support the jury’s decision to accept the government’s version of events. There was ample evidence to support ...

This case arises out of injuries Judith Clemence sustained when she fell on snow-covered ice on the driveway apron of her condominium home in the City of Greenfield. The complaint alleged that the Clayton Crest Terrace Condominium Association and Jeff ...

Peter Moss appeals his conviction for possessing fireworks with the intent to unlawfully sell. He also challenges the trial court’s judgment forfeiting his stock of fireworks. Moss contends that the record lacks sufficient evidence for conviction. He also argues that ...

“[T]he ostrich instruction itself made it clear that a defendant does not act ‘knowingly’ when he acts through ‘ignorance, mistake, or accident,’ or where ‘he was merely negligent in not discovering the truth.’ This alone might well obviate any need ...

Joseph Schultz appeals a judgment declaring his bar a nuisance. He also appeals an order of abatement enjoining him from operating the bar. Schultz argues that: (1) he was denied actual notice of the conduct upon which the judgment was ...

Timothy Headrick appeals a judgment convicting him of armed robbery. He argues that the trial court should have suppressed his confession because it was involuntary and it was given after he invoked his right to counsel. We reject these arguments ...

“Almost everyone is ‘unusual’ in some respect, and many septuagenarians have conditions similar to Krilich’s. Yet sec.5H1.1 and sec.5H1.4 put normal age-related features off limits as grounds for reduced sentences. Older criminals do not receive sentencing discounts. Many persons in ...

John Zinter Jr., a minor, appeals a summary judgment in favor of Darlene Oswskey, Robert Oswskey and American States Insurance Company (collectively, the Oswskeys). Zinter severed the tip of his finger while a guest at the Oswskey home. Zinter sued ...

William Staples appeals pro se from a judgment entered after he pled guilty to possession with intent to deliver a controlled substance (cocaine). Staples claims that the trial court erred when it denied his motion to suppress evidence. Specifically, Staples ...

“Mr. Palomino-Rivera submits that he presents an atypical case that was not adequately considered by the Sentencing Commission. … The district court agreed and, in granting the downward departure, explained that it did not ‘think this kind of a borderline ...