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

“[W]e need not decide the issue of whether the NASD is a state actor in this case because Otto admitted all of the facts necessary to establish his guilt, which dooms his due process arguments.” “Given Otto’s admissions coupled with ...

“To deny review here would not necessarily cause Florida to go to trial without the suppressed evidence with further appeal barred in the event of an acquittal or the federal claim mooted in the event of a conviction. The state ...

Jimmy Bridges appeals from an order dismissing his certiorari petition and finding the petition frivolous. Because the circuit court did not state any reasons for its conclusions, we reverse and remand for further proceedings. This opinion will not be published. ...

“Paragon’s argument does have a degree of merit – terms like ‘operate[ ]’ and ‘provider’ suggest that one should look to whether a group of attributes making up the institution have changed such that the SNF may be described as ...

The Department of Health and Family Services (DHFS) appeals from an order directing it to grant Medical Assistance benefits to the eight Respondents, after some of the Respondents prevailed in a related federal suit. DHFS argues that the Respondents’ claims ...

“The Kendallville ordinance affirmatively violates a requirement set out in sec. 20106, which as we said requires that the state law, regulation, or order not place an unreasonable burden on interstate commerce. To uphold enforcement of the ordinance would do ...

Thomas W. Koeppen appeals from a judgment of conviction of bail jumping as a habitual criminal and from an order denying his motion for postconviction relief. Koeppen argues that the evidence adduced at trial was insufficient and that he was ...

“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a ...

Daniel Shea appeals from the trial court’s order denying his motion for postconviction relief brought pursuant to Wis. Stat. sec. 974.06 (1999-2000). Shea raises several issues addressing the prosecutor’s alleged failure to provide him with discovery materials. We affirm. This ...

“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s ...

Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. ...

“When blame for discrimination is laid at the feet of a single decisionmaker, or a small group of individuals, it is comparatively easy to find ‘commonality.’ … Here, by contrast, the decisions of apparently hundreds of center managers are implicated, ...

Anthony A. Suslick appeals from the judgment of conviction entered against him. The issue on appeal is whether the circuit court erroneously exercised its discretion when it refused to allow Suslick to withdraw his pleas. Because there is support in ...

“When one contemplates the circumstances of this case, it is difficult to find misconduct in connection with Garnati’s actions… [T]he prosecutor was shown a copy of the note dated April 6 and was told by a confident Mrs. Misselhorn that ...

Harlan Richards appeals an order dismissing his declaratory judgment action challenging the constitutionality of various provisions of the Wisconsin Prisoner Litigation Reform Act (PLRA). The issue is whether Richards, a Wisconsin prison inmate, presented the court with a justiciable controversy. ...

“James behaved in a pig-headed fashion. It is hard to imagine that by quoting from sec.1.02 of the Benchbook or expatiating about the drawbacks of self- representation (‘a fool for a client…’) the district judge could have talked him out ...

Bradley Alan St. George appeals his judgment of conviction for first-degree sexual assault of a child and an order denying him postconviction relief. St. George argues he was denied due process and his right to present a defense when the ...

“[T]he only basis on which defendant can defend its effort to collect income taxes from Jackson is his residency. It is the only nexus Wisconsin has. But because that residency is on a reservation, the state cannot use it as ...

“[T]he government argued again that Steward’s holding of the package in his left hand, however fleetingly, the resulting control over it, and dropping it in hope of concealment established possession of it. … The government argues that Judge Murphy’s finding ...

The State appeals an order suppressing evidence that was seized from Jywanza Carter’s home pursuant to a search warrant. As a result of the search, Carter and James Welter were charged with the burglary. The trial court concluded that the ...

“[In Moragne, we] declared a new rule of maritime law: ‘We … hold that an action does lie under general maritime law for death caused by violation of maritime duties.’ Id., at 409, 90 S.Ct. 1772. “As we have noted ...

“Nothing in the statute’s language or background suggests that an illegally returning deportee cannot be convicted unless he knew he lacked the Attorney General’s express consent to reenter. On the contrary, the requirement that the Attorney General’s consent be ‘express’ ...

“In our case, as in Bluffton Castings, the employees’ rights to the monies due, and the precise amount, depend on the collective bargaining agreement. Here, that sum is undisputed. Nevertheless, it remains true that the entitlement to the money due ...

However, we must reverse defendant’s commitment in light of recent decisions which hold that a Ch. 980 commitment petition must be filed within 90 days of his discharge or release; see, for example, State v. Thiel, 2000 WI 67. Defendant ...

“[L]awyers are given considerable leeway in formulating a gender-neutral rationale for jury strikes. … Here, in addition to identifying unique factors that only affected the three struck jurors – unemployment, participation as a plaintiff in a lawsuit, and employment in ...

This is so because the Tax Appeals Commission has held that if a taxpayer fails to file a refund claim within the time prescribed by statute, it lacks subject matter jurisdiction to determine whether the refund claim is valid. “The ...

“In the Civil Rights Act of 1991, Congress determined that victims of employment discrimination were entitled to additional remedies. Congress expressly found that ‘additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace,’ ...

“Mata argues that the trial court was erroneous in finding a factual basis for her forgery pleas because she contends that her conduct did not rise to the level of forgery. Mata claims that her use of aliases when opening ...

“RESPA is the principal federal statute regulating the activities of real estate brokers. The insurance policy at issue is limited to participants in the real estate business and directly addresses potential sources of liability for brokers. Would it not be ...

“Here, the trial court determined that despite Steele’s qualifications under 302.045(2), the seriousness of his offenses precluded his participation in the program. We cannot say that this constituted a misuse of the trial court’s broad sentencing discretion. We therefore affirm ...