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

Leon R. McQueen appeals the trial court’s order revoking his operating privilege because he refused to submit to a chemical test to determine his blood alcohol concentration as required by Wis. Stat. § 343.305. He contends the trial court erred ...

“Although the police were present when Champaigne re-opened the package, the district court found no suggestion that the officers gave Champaigne a ‘wink-and- a-nudge,’ or otherwise encouraged her to show them the contents of the package. Rather, the court credited ...

Karen Sann appeals a judgment dismissing her garnishment action against Badger Care-A-Vans, Inc., and denying her motion to appoint a receiver. Sann seeks these supplemental remedies to satisfy a judgment entitling her to a worker’s compensation award from Badger. Sann ...

Lamar Tyrrell appeals from an order concluding that he had no basis to refuse to submit to chemical testing of his blood alcohol content after being arrested for operating a motor vehicle while under the influence of an intoxicant. Prior ...

“Mr. Polson maintains … that the evidence of the second instance is unreliable because it consists only of multiple layers of uncorroborated hearsay. It is true that the evidence is multiple hearsay; the daughter told the mother who told the ...

In this post-divorce proceeding, Corinne Monette appeals an order approving the sale of property pursuant to the property division and distributing the proceeds. Corinne raises the following issues: 1. Whether the court erred as a matter of law ordering, confirming ...

David Melstrand appeals judgments for possession of marijuana, speeding and driving without a license. He argues that he consented only to a frisk for weapons and that officer Scott Poupart exceeded the scope of the consent when he reached inside ...

“[T]he district court made no finding that Gallo-Vasquez would suffer conditions more onerous than those contemplated by the Sentencing Guidelines because of his status as an alien. Indeed, due to the nature of Gallo- Vasquez’s offense and the probability of ...

In this post-divorce proceeding, Pamela Wautier appeals an order determining that she is obligated to her former husband, Galen Wautier, for one-half of his debt to his employer. Under the terms of the divorce judgment, the debt was deemed to ...

Lorne T. Demars appeals a judgment convicting him of six counts of burglary as party to a crime, two counts as a repeater, contrary to Wis. Stat. §§ 943.10(1)(a), 939.05 and 939.62. Demars also appeals the denial of his postconviction ...

Congress’ decision not to impose any qualification in the statute, combined with its use of the term “any” to modify “drug-related criminal activity,” precludes any knowledge requirement. See United States v. Monsanto, 491 U.S. 600, 609. Because “any” has an ...

Kevin R. appeals from the juvenile court’s dispositional order, following summary judgment proceedings, finding his son, Kyle, to be a child in need of protection or services (CHIPS). Kevin argues that the court committed reversible errors in: (1) granting the ...

Thomas Godschalx appeals from an August 2000 amended judgment of conviction following resentencing and from an April 2001 order denying his postconviction motion. On appeal, Godschalx challenges the sufficiency of the evidence to convict him of first-degree sexual assault of ...

Two years after Sure-Tan, Congress enacted IRCA, a comprehensive scheme that made combating the employment of illegal aliens in the United States central to the policy of immigration law. INS v. National Center for Immigrants’ Rights, Inc., 502 U.S. 183, ...

In these consolidated cases, Deborah E. and Michael B. appeal from the juvenile court order terminating their parental rights. The order terminated: Deborah’s parental rights to Bonnibel B., Dale B., Little Deborah B., Montell E., and Davion N.; Michael’s parental ...

“We do not believe that the bankruptcy court clearly erred in its factual findings, but rather conclude that it erred, as a matter of law, in holding that Goulet’s circumstances rise to the level of those ‘additional, exceptional circumstances’ necessary ...

The Agency’s reading of the term “inability” is reasonable. The statute requires both an “inability” to engage in any substantial gainful activity and an “impairment” providing “reason” for the “inability,” adding that the “impairment” must last or be expected to ...

Colleen A. appeals orders terminating her parental rights to her children, Miranda L.A. and Marshall J.A. Colleen argues that: (1) the evidence introduced at the fact-finding hearing was insufficient to establish that she would not be able to meet the ...

“Though actual intent [to defraud] is difficult to prove, it may be shown through circumstantial evidence, and the Fifth Circuit adopted a series of factors which, if proven, indicate actual fraud: (1) the lack or inadequacy of consideration; (2) the ...

This Court rejects petitioner’s argument that the remand instruction in Wood, directing the trial court to grant a new hearing if it determined that “an actual conflict of interest existed,” id., at 273, established that where the trial judge neglects ...

“As the emphasized phrases demonstrate, the complaint alleges that Alternative Living undertook the duty to provide adequate care to Farr, which it failed to do in various ways, and that, as a result of these failures, Farr suffered physical and ...

Dale Chu appeals from judgments entered on jury verdicts convicting him, as a party to a crime, of committing arson of both a building and property with the intent to defraud an insurer, contrary to Wis. Stat. §§ 943.02(1)(b), 943.04 ...

“[T]he argument that the defendant police officers had probable cause to arrest Marshall for knowingly resisting or obstructing them is absurd. Because we are required to construe the facts in the light most favorable to Marshall, we assume that the ...

“We conclude that the only reasonable interpretation of the policy for purposes of calculating damages in the present case is that ‘damages for bodily injury an insured is legally entitled to collect from the owner or driver of an underinsured ...

However, because the new statute of limitations (Wis. Stat. sec. 893.40) took effect on July 1, 1980 and now requires that an action on a judgment be brought within twenty years of the time the judgment “is entered,” and the ...

Toni Paul Cayton, an inmate at Supermax Correctional Institution, appeals the trial court’s order denying his petition for writ of error coram nobis. We conclude the court did not err in denying the petition and therefore affirm. This opinion will ...

“A royalty is a risk-sharing agreement. Instead of paying Jahn up front the estimated value of the phone number, the investors who established 800-Flowers (Wisconsin) and its successors divided the risk with Jahn, so that he would be paid only ...

The legislative history supports the conclusion that a mobile home has taken on the character of real property when it is hooked up to utilities and is set upon a foundation on land which is owned by the mobile home ...

“Assuming for the sake of argument that the damage to tangible property caused by Nu-Pak’s alleged negligence falls under the policy’s statement of coverage, the next question is whether one or more exclusions apply. Transportation contends that both the ‘your ...

Correy Robertson appeals from the judgments, following a jury trial, convicting him of two counts of battery and one count of bail jumping, all as a habitual criminal. Robertson argues that, under Wis. Stat. § 752.35, a new trial is ...