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

“The basis for the PSC decision is that the proposed rate increase would be used to benefit a select group of customers by providing a subsidy for the replacement of the privately-owned lead laterals, which those customers are responsible for ...

Chris Howard appeals orders denying his motions for sentence modification and reconsideration. Howard claims the State failed to present sufficient evidence to prove that he was a repeater and that defense counsel performed ineffectively by failing to bring the omission ...

“[W]e are satisfied that the amount of preparation time provided to teachers during the workday directly impacts on fundamental educational policy issues such as: (1) how many and what types of classes can be offered to students; (2) how will ...

Venturedyne Ltd. appeals from an order finding it in contempt for violation of its obligation under a stipulation to construct an impermeable cap for a large industrial waste disposal site. Venturedyne claims: (1) the trial court erred in making the ...

Larry White Eagle appeals a judgment convicting him of first-degree sexual assault of a child. He claims the trial court should have allowed him to withdraw his guilty plea prior to the imposition of his sentence. We disagree and affirm. ...

Where attorney Thomas D. Baehr failed to keep a client informed about the status of a matter, willfully failed to cooperate with the Office of Lawyer Regulation grievance investigations, failed on termination of the representation to take steps to protect ...

Nadine Butler appeals a divorce judgment. She argues that the trial court erroneously found that her marriage was irretrievably broken and that there was no reasonable prospect of reconciliation. Because the record supports the trial court’s determination, we affirm the ...

Ronald Dion appeals from a set of judgments convicting him of burglary, aggravated battery, and two counts of interfering with the custody of the other parent. Dion challenges the trial court’s exclusion of a prior consistent statement he made to ...

Where attorney Mark R. Prichard has acknowledged that he cannot successfully defend himself against 77 counts of professional misconduct in 20 separate client matters as alleged against him in a disciplinary complaint prepared the Office of Lawyer Regulation, a complaint ...

Melanie Guth appeals an order denying her request for costs and actual attorney fees in this custody and placement dispute. Melanie argues that she is entitled to costs and fees under Wis. Stat. sec. 804.12(3) as a matter of law ...

Jermaine V. Dantzler appeals from a judgment entered on a jury verdict convicting him of one count of first-degree reckless homicide. He also appeals from an order denying his postconviction motion. Dantzler claims that he is entitled to a new ...

“In the present case, the acts that Dunlap seeks to admit are not even close to the type of act he is accused of committing. Dunlap is alleged to have committed an act of finger-to-vagina sexual contact with possible digital ...

Daniel G.H. appeals orders establishing child support and amending a paternity judgment. Daniel argues that the jury’s finding that he did not consent to sexual intercourse should bar or reduce his child support obligation. The State cross-appeals and argues that ...

Linda Sobish appeals a judgment convicting her of second-degree murder based on the death of an infant in her care over 20 years ago. The sole issue on appeal is whether the jury should have been instructed on the lesser-included ...

Only if the circuit court determines on remand that the defendant was entitled to a psychological examination is a new trial necessary. “We agree with the court of appeals that Dr. Pucci’s testimony made the requisite comparison between D.F.’s behavior ...

Karen and Todd Setunsky appeal a summary judgment dismissing their damages claim against Claim Management Services, Inc. (“CMS”), Ansul Incorporated, Grinnell Corporation Medical and Dental Plan, Tyco Laboratories, Inc. and Employee Benefit Trust (collectively “the managed care defendants”). The Setunskys ...

Vicki Buchner appeals from an order denying her motion to suppress and a judgment convicting her of operating a motor vehicle while under the influence of an intoxicant, and operating a motor vehicle with a prohibited alcohol concentration. Buchner claims ...

In the prison environment, a specific incident may be symptomatic of a systemic problem, rather than aberrational. Nussle urges that his case could be placed in the isolated episode category, but he might equally urge that his complaint describes a ...

Denise F.R. appeals from orders terminating her parental rights. She contends that the circuit court lost competency to proceed when it failed to hold a fact-finding hearing within the 45-day time limit required by Wis. Stat. sec. 48.422(2) (1999-2000). Because ...

Jesse A. Marcelle appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while under the influence of an intoxicant and operating a motor vehicle with a prohibited alcohol concentration. Marcelle contends the court erred ...

Because sec. 1367(d), on its face, purports to apply to dismissals of “any claim asserted under subsection (a),” it could be broadly read to apply to any such claim regardless of the reason for dismissal. But reading subsection (d) to ...

Joseph A.R. appeals from orders terminating his parental rights. He contends that the circuit court lost competency to proceed when it failed to hold a fact-finding hearing within the 45-day time limit required by Wis. Stat. sec. 48.422(2) (1999-2000). Because ...

Robert J. Meiers appeals an order of the circuit court finding that Meiers’s refusal to submit to a chemical testing of his breath, requested pursuant to Wis. Stat. sec. 343.305, was unreasonable. The court revoked Meiers’s operating privilege for one ...

The McDonnell Douglas framework-which requires the plaintiff to show (1) membership in a protected group, (2) qualification for the job in question, (3) an adverse employment action, and (4) circumstances supporting an inference of discrimination-is an evidentiary standard, not a ...

Sheldon R. appeals from a juvenile court order waiving juvenile court jurisdiction and referring the matter to the district attorney for further criminal proceedings in adult court. Sheldon also appeals a subsequent order denying reconsideration of the original order. We ...

Gary Ranum appeals a judgment of conviction for driving while under the influence of an intoxicant, first offense. He contends the trial court erroneously exercised its discretion in denying his request for a continuance of the trial so that he ...

“On the matter of irreparable injury, Dr. Chandler has asserted only the prejudice that comes with any delay in a judicial proceeding. On the other hand, Cook County can, and does, argue that its immunity from punitive damages is, in ...

Local 617, AFSCME, AFL-CIO, appeals an order affirming a decision of the Wisconsin Employment Relations Commission. The commission found that Taylor County did not alter the status quo by requiring its highway department employees to work a five, eight-hour-per-day workweek ...

Gary Kloostra appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI) in violation of a Columbia County ordinance. He claims the trial court erred in denying his motion to suppress evidence ...

Accounting is a profession (like many others) that has become increasingly computerized in recent years. The uncontroverted evidence in this record establishes that CT was moving toward a more computer-reliant system of accounting. There is also no question that Genutis’ ...