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

“As articulated by the legislature, the purpose of the WOHA is: to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, ...

Abdul Bensaid and Cynthia Brown appeal a judgment of the circuit court sanctioning Bensaid and Brown for their failure to comply with the court’s scheduling order and the statutes governing civil procedure. Brown additionally appeals the court’s judgment finding a ...

“On February 21, 2002, this court issued an order to show cause, directing the Board and Attorney Malloy to explain why more severe discipline, and/or restitution to the client should not be imposed by the court. The parties responded to ...

Thomas J. Otto appeals from an order dismissing his complaint against Milwaukee County, which alleged violations of Wis. Stat. sec. 109.01(3) (1999-2000), breach of contract, and promissory estoppel. Otto claims: (1) the law of the case doctrine precluded a subsequent ...

“Although this court in Lee did not specifically define when a court of appeals’ decision is ‘issued,’ in St. John’s Home this court equated the date stamped on the court of appeals’ decision or order as the date it was ...

Joel D. Schaalma appeals an order affirming a Labor and Industrial Review Commission (LIRC) decision, which held that Schaalma was not entitled to a 25 percent increase in disability awards for injuries to his dominant hand since he did not ...

“The judge understandably was troubled by the fact that the plaintiff had delayed till almost the last minute in attempting service and then had failed not once but twice to serve the defendant in the manner prescribed by Rule 4(j)(2). ...

Anthony Kowalski appeals from a circuit court order which affirmed the County of Milwaukee Employees’ Retirement System Annuity and Pension Board’s decision that he did not qualify for an accidental disability retirement pension. Kowalski contends that the pension board’s decision ...

“While Snipes and the other correctional officers were technically subject to the same written attendance policy and formal disciplinary process, the record also shows that the difference in supervisors under whom Snipes and the other correctional officers worked resulted in ...

Robert James Jackson appeals from the judgment, entered on the jury verdict in a declaratory judgment action, awarding National Casualty Company $505.92 in costs to be recovered from him. He challenges the jury instruction and the special verdict question. We ...

“At step three the ALJ needed to determine whether Steele was conclusively disabled based on one of the agency’s listed impairments. One relevant provision is listing 11.03, which deals with ‘minor motor seizures.’ It provides for a disability finding where ...

Romel M. appeals from the nonfinal circuit court order waiving juvenile court jurisdiction under Wis. Stat. sec. 938.18. He argues that the court failed to apply the proper criteria under sec. 938.18(5) “in finding that the evidence produced at the ...

“In this case, although the Beach group opposed the entry of a final order allowing the Spicer partners to participate in the settlement, the group proceeded to file amended tax returns along with ‘final and conclusive’ closing agreements shortly after ...

The City of Beaver Dam appeals an order relating to a real estate tax assessment for property owner Mary Klovers. The main issues are whether the circuit court could set the 2000 assessment as part of a certiorari review of ...

“The cardinal rule for reading multi-count indictments is that each count must stand on its own two feet; ‘[e]ach count … is regarded as if it was a separate indictment.’ United States v. Powell, 469 U.S. 57, 62 (1984) (quoting ...

Jesse Swinson appeals the circuit court’s order dismissing his petition for certiorari review of the decision of the disciplinary committee at Waupun Correctional Institution. We conclude that there was sufficient evidence to support the committee’s finding of guilt on all ...

“Despite the various factors he offered to the Wisconsin courts, Davis failed to satisfy the requisite showing of materiality to warrant an in camera review. First, Davis only argued to the state court that Vance was depressed, not delusional, and ...

Jimmy Bridges appeals from an order dismissing a petition for a writ of certiorari. Bridges, an inmate, sought review of his placement in administrative confinement. On appeal, Bridges raises several arguments cast in terms of due process. Because Bridges has ...

“As a general proposition, the statements of a non-conspirator are not admissible under Rule 801(d)(2)(E) … However, this is not a case where the district court admitted Smith’s statements as non-hearsay, but rather to provide context to a coconspirator’s statements ...

Sandra and Edward Wojtasiak appeal a judgment dismissing their medical malpractice action against Dr. Thomas Tilkens after a jury found Tilkens not negligent. The Wojtasiaks contend that the trial court erred when it (1) admitted expert testimony from Dr. Richard ...

“Wheat had a history of controlled substance use; in the past, Merlin had discovered similar items in his possession and had conducted previous searches based on controlled substance use. At that time, Wheat had indicated that these items were from ...

Herman Whiterabbit appeals from an order denying his postconviction motion for a new trial based on newly discovered evidence. We affirm the trial court’s order. This opinion will not be published. Dist IV, Dane County, Bartell, J., Per Curiam Attorneys: ...

The scope of our decision today is quite limited. We hold only that COPA’s reliance on community standards to identify “material that is harmful to minors” does not by itself render the statute substantially overbroad for purposes of the First ...

“We conclude pursuant to State v. Martin, 121 Wis. 2d 670, 360 N.W.2d 43 (1985), that the circuit court had authority to resentence Helm to correct his prior invalid sentence and that the circuit court’s corrected sentence was properly based ...

Alfonso Arias-Cruz appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. He argues on appeal that the circuit court erroneously exercised its discretion when it sentenced him and when it denied ...

The 1977 study’s central component is a Los Angeles Police Department report indicating that, from 1965 to 1975, crime rates for, e.g., robbery and prostitution grew much faster in Hollywood, which had the city’s largest concentration of adult establishments, than ...

“Here, we conclude that under the facts of this case, Eskridge’s claim of privacy is not consistent with historical notions of privacy. Historical notions of privacy do not seem to encompass ‘common areas’ in apartment buildings. As pointed out earlier, ...

“If the legislature wanted to ensure that corporations would not be included, it could have used the term ‘natural person’ rather than ‘person.’ If the legislature intended to use the term ‘natural person”in Wis. Stat. § 134.93(1)(b), we believe that ...

Georgia was brought involuntarily into the case as a defendant in state court, but it then voluntarily removed the case to federal court, thus voluntarily invoking that court’s jurisdiction. Unless this Court is to abandon the general principle requiring waiver ...

Rodney G.R. urges us to reverse his involuntary commitment because the trial court did not apply the proper standard of dangerousness and there is insufficient evidence in the record to support the involuntary commitment. From our independent review of the ...