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Eric Jason Smiley appeals from a judgment entered after a jury found him guilty of first-degree intentional homicide, while armed with a dangerous weapon. He also appeals from an order denying his postconviction motion. Smiley claims: (1) the trial court ...

“To the extent that Wallace is implicitly inviting us to reject Stoia, Cerro, and Montana, and to adopt the Cancilla approach, we decline the overture. (We are aware that the Supreme Court has under consideration the case of Mickens v. ...

Cara Wehrenberg, pro se, appeals the circuit court’s order granting summary judgment in favor of Toyota Motor Credit Corporation. Wehrenberg argues: (1) that the lease she signed in California on June 9, 1997, is subject to the provisions of the ...

John A. Rupp appeals pro se from a judgment sentencing him after revocation of probation and from an order denying his motion for sentence modification based on a new factor. Rupp attacks the validity of his no contest plea, the ...

“Here, it was immediately noted after the ‘subpoena power’ comment that the government carried the burden of proof. Additionally, the district court instructed the jury that ‘[t]he government has the burden of proving the guilt of the defendants beyond a ...

Robert Bresina and the Labor and Industry Review Commission (LIRC) appeal from the circuit court’s order affirming in part and reversing in part LIRC’s decision. Millers Mutual Insurance Company cross-appeals. Bresina and LIRC complain that the circuit court improperly applied ...

Amanda A. Ringler appeals from an order revoking her operating privilege based upon her improper refusal to submit to a chemical test following her arrest for operating while intoxicated (OWI). Ringler contends that the arresting officer did not have reasonable ...

Craig P. appeals from a judgment of paternity establishing child support at 17% of his gross income and finding him in contempt of court for failure to provide court-ordered financial information and documentation. Craig makes many vague, nonspecific arguments in ...

Quintin D. L’Minggio appeals an order of the trial court denying his motion to modify his sentence for having sexual intercourse with a child over 16 years of age as a repeater and obstructing justice. We affirm the denial. This ...

James Manley, Select Insurance Agency Inc., and their insurer, Utica Mutual Insurance Co., (collectively, “Manley”) appeal from the circuit court judgment, following a court trial, awarding Essex Insurance Company $24,000 damages. Manley argues that the circuit court erred in denying ...

Alejandro Aguilera appeals an order denying his motion for sentence modification. He claims that his ineligibility for the challenge incarceration program and a deportation order entered after sentencing constitute new factors warranting a hearing on his motion. We disagree and ...

“After considering the text of the agreements, we conclude that the contracts are susceptible to reasonable alternate interpretations thereby rendering them ambiguous. Although we cannot accept the proposition that Section 7 only permitted the termination of a single service, beyond ...

“The facts show that another enterprise called Learning W@rks was formed, and that Markel had lunch with several other employees of UWLI to discuss job opportunities. Markel was only confronted after management collected information and documents regarding this enterprise, and ...

“The plaintiffs never identified a Caucasian employee or a male employee who was in a supervisory position similar to that which either of them held, with similar responsibility for the bus crisis, who was not demoted to the same degree ...

“Minger harassed Gawley for a period of approximately seven months. At times, he made up to three inappropriate comments to her each day. During this time, she told Minger at least ten times to stop harassing her. Even though her ...

“After demonstrating constructive discharge, the plaintiff must show that the constructive discharge was motivated by discriminatory intent-in this case, religiously discriminatory intent. See Simpson, 196 F.3d at 877. But contrary to the Chicago Hospitals’ assertions, it is not necessary that ...

“Barbara contends that the chief judge review is discretionary because the statute says Judge Warpinski’s determination ‘may’ be reviewed. However, the full context reads that the determination may be reviewed ‘if the party who made the substitution request files a ...

Robert and Josyanne Stanek, pro se, appeal a summary judgment of foreclosure granted in favor of the Wisconsin Housing and Economic Development Authority (WHEDA). The Staneks argue that the trial court erred by granting WHEDA’s motion for a summary judgment ...

“The prosecutor’s affirmation of the plea agreement was not adequate to overcome the prosecutor’s covert message to the circuit court that a more severe sentence was warranted than that which had been recommended. … “This case presents a close question. ...

We conclude that the recent decision in Estate of Dorschner v. State Farm Automobile Insurance Co., 2001 WI App. 117, decided six months after the circuit court’s decision in this case, requires reversal. “By prefacing the antistacking provision with the ...

Brian Sullivan appeals the judgment of conviction for resisting an officer as a repeater, which was entered based on Sullivan’s plea, and the order denying his postconviction motion to withdraw his plea or be resentenced. The motion was denied under ...

“This interpretation of Wis. Stat. § 971.11(7) granting a circuit court the discretion to dismiss a criminal case with or without prejudice best serves the legislative purposes: …We further agree with the court of appeals that to interpret § 971.11(7) ...

“[T]he relevant language in Wis. Stat. § 71.05(6)(a)1 provides that Wisconsin taxpayers are to add to their federal adjusted gross income “any interest … which is not included in federal adjusted gross income.” The plain meaning of this language requires ...

Lawrence Ventrice appeals from a judgment of conviction for four counts of causing injury by use of a motor vehicle while under the influence of an intoxicant, and four counts of causing injury while operating a motor vehicle with a ...

“The Zentgrafs rely entirely on portions of Mr. Zentgraf’s deposition. The brief portions to which they refer, however, aside from confirming that the Zentgrafs had a long-term marriage and two minor children, merely establish that although his treating physician had ...

Richard Borowitz appeals a judgment convicting him on charges of manufacturing marijuana, and possessing it with intent to deliver. Borowitz entered a no contest plea to the charges after the trial court denied his motion to suppress much of the ...

This is because the officer who conducted the pat-down search of defendant had considerable experience in the execution of search warrants and he knew that persons involved in drugs often carried weapons. “In this context, however, we do not distinguish ...

The State of Wisconsin appeals from an order granting Brandy Arneson’s motion to suppress evidence discovered after she consented to a search of her car. The issue is whether Arneson gave her consent voluntarily. Although we agree with Arneson that ...

Stacie Neldaughter appeals an order that affirms a decision of the Wisconsin Board of Nursing. The Board disciplined Neldaughter, formerly a registered nurse in Wisconsin, for misconduct and unprofessional conduct. She contends that the Board misinterpreted the administrative code provisions ...

Roger Lenox challenges the sentence he received on his conviction for second-degree sexual assault of a child. Following his guilty plea, the court sentenced Lenox to 20 years’ confinement and 10 years’ extended supervision. Lenox contends that the sentencing court ...