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

Tammy L. Tucci appeals the judgment rendered in favor of Dr. Ronald G. Rubin and his insurance company after a jury trial in her medical malpractice suit. Tucci argues that the trial court: (1) erroneously exercised its discretion in permitting ...

“The second route to summary judgment, the adaptation of McDonnell Douglas to the retaliation context, requires the plaintiff to show that after filing the charge only he, and not any similarly situated employee who did not file a charge, was ...

“We stress that a plaintiff is not required, on a threshold basis, to establish that one of the grounds for the exercise of personal jurisdiction exists. All the plaintiff need do is properly serve the defendant. Thereafter, it is incumbent ...

Travis S. Wimpie appeals from a judgment of conviction entered on a jury verdict convicting him of one count of armed robbery, as a party to a crime. He also appeals from an order denying his postconviction motion for a ...

“The Younger factors all favor abstention. First, Dr. Green’s state-court administrative review action, which plainly is judicial in nature, was pending when he filed this lawsuit… Second, the DPR proceedings implicate important state interests in the regulation and licensing of ...

“There is no dispute that periodic review of inmates’ security classifications and program assignments are necessary to maintain an orderly and secure correctional facility and to meet the rehabilitative needs of individual inmates. … It is therefore necessary that the ...

Galila Telele appeals from the judgment, following a jury trial, convicting her of driving a motor vehicle with a prohibited alcohol concentration of 0.1% or more. She argues that the trial court erred in denying her motion to sequester the ...

“Harris argues that the line-up was unduly suggestive because he was the only person to appear in both the photo array and line-up. But there is nothing impermissible about placing the same suspect in two different identification procedures. See Gullick ...

Accordingly, because plaintiffs’ claim against the city was not filed until March 31, 2000, that claim was beyond the requisite time limit set out in the statute and their claim must be dismissed. Reversed and remanded with directions Recommended for ...

Luis Vasquez appeals from the judgment of conviction entered after a jury found him guilty of one count of first-degree intentional homicide, while using a dangerous weapon, as a party to the crime, and one count of second-degree intentional homicide, ...

“Although each of the 19 files lacks proof that the student took and passed an ability-to-benefit test, there are two plausible reasons (other than fraud) for that omission. First, Biocic was not well organized; this much the United States concedes. ...

“We agree with the trial court that ‘now the defendant wishes he had chosen otherwise based upon the result and now that he knows what the outcome is tells us he would have chosen differently when indeed, he did not.'” ...

Jerod J. Bins appeals an order denying his request for postconviction relief. Bins claims that his waiver of counsel was inadequate under State v. Klessig, 211 Wis.2d 194, 201, 564 N.W.2d 716 (1997), because the court failed to properly determine ...

IT IS ORDERED that the motion for release pending appeal is DENIED. Rovner, J., dissenting: “The loss-calculation issue Lane raises on appeal is a “substantial question” sufficient to warrant his release. Other circuits are divided. Some support the district court’s ...

The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors appeals a circuit court order which set aside its decision to suspend the license of land surveyor Roland Sarko for incompetence. We conclude the suspension was reasonably ...

Sukhbinder Singh appeals from a judgment entered on jury verdict convicting him of disorderly conduct. He claims there was insufficient evidence to support the jury’s verdict, and, as an included argument, contends that the trial court erred: 1) in not ...

“In the end, the district court denied Huston’s request because it believed that the evidence fell far short of showing that Huston and Toran were so unable to communicate as to prevent an adequate defense. The district court realized, and ...

Karen Herek, Ulysses Parish, and Helen Hagie appeal a judgment dismissing their complaint against the State and several state officials. The dispositive issues are whether the plaintiffs failed to file a notice of claim under Wis. Stat. sec. 93.82(3) (1999-2000), ...

Calvin R. Mitchell appeals from a judgment of conviction entered after he was convicted by a jury of two counts of first-degree sexual assault of a child and one count of second-degree sexual assault of an unconscious victim. Mitchell claims ...

“[T]he parcel in this case was from California, which Sadowitz recognized as a known source area for illegal drugs. Moreover, the label on the parcel was handwritten and as Sadowitz explained, handwritten labels are unusual on Express mail parcels. Here, ...

Rosa E. Fromm has appealed from a judgment of divorce from the respondent, William P. Fromm, and from an order denying her motion for relief from the judgment. Because we conclude that the farm on which the parties resided throughout ...

Robert J. Smothers has appealed from an order denying a postconviction motion filed by him pursuant to Wis. Stat. sec. 974.06 (1999-2000), challenging his 1996 conviction of second-degree intentional homicide by use of a dangerous weapon. We affirm the order. ...

“All the court found was that Thomas was involved in the theft of Leal’s gun, and theft is not one of the predicate offenses listed in 18 U.S.C. sec.1111(a). Just as a court needs facts to support a finding of ...

The City of Milwaukee Post #2874, Veterans of Foreign Wars of the United States (VFW) appeals from an order granting summary judgment to the Redevelopment Authority of the City of Milwaukee (RACM), dismissing its challenge to the acquisition, by condemnation, ...

Kevin L. Sendejo appeals from a judgment, an amended judgment, and an order denying his motion to modify his sentence. Sendejo claims that the corrected judgment is invalid because it was not ordered by the trial court and the sentence ...

“The severity of his illness and the circumstances of its contraction are highly unusual features of the case that is likely to take it outside the Guidelines’ ‘heartland.’ See Koon, 518 U.S. at 95. Further, Hirsch’s illness is not a ...

Michael Haack, by his guardian ad litem, and Michael and Jean Stockton (collectively, Stockton) appeal from a judgment dismissing their medical malpractice and related claims against Dr. William Haselow and the Wisconsin Patients’ Compensation Fund (Dr. Haselow). On appeal, Stockton ...

Aaron O. Schreiber appeals from a judgment of conviction for taking and driving a motor vehicle without the owner’s consent and an order denying his motion for postconviction relief. Schreiber makes two arguments: (1) that the sentencing court imposed an ...

This is because redistricting remains an inherently political and legislative – not judicial – task. “Accepting original jurisdiction, then, would necessarily put this case and any redistricting map it would produce on a collision course with the case now pending ...

Jill K. Niese, individually, and as the parent and next friend of Samantha L. Niese and Alyssa K. Niese, minors, and Jill K. Niese, as independent executor for the estate of Randall L. Niese, deceased (collectively, “Jill”) appeals from a ...