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

Anthony Skibba appeals from a series of judgments convicting him of three counts of causing bodily injury by operation of a motor vehicle under the influence of intoxicants and three counts of failing to perform a duty upon striking an ...

“Valenzuela alleges that his counsel was deficient because he did not call an expert witness to refute the government’s contention that the controlled substances at issue were crack cocaine rather than powder cocaine or another form of cocaine base. At ...

Andrew Webb appeals the judgment divorcing him from Nancy Webb. He claims that the trial court erred in its valuation of the marital estate and that it should have awarded him either maintenance or a larger portion of the marital ...

Robert C. Niebuhr appeals from a court order revoking his driving privileges for refusal to submit to a breath test. For the following reasons, we affirm. This opinion will not be published. Dist IV, Dane County, Fiedler, J., Lundsten, J. ...

“The government presented evidence that Spiller wrote the ledgers and that they were kept in his own bedroom, where he also kept crack equipment and proceeds. A party’s own statements offered against him are considered admissions by a party-opponent, and, ...

Ernie Von Schledorn appeals from the trial court’s order granting summary judgment to United Fire & Casualty Company. Von Schledorn claims the trial court erroneously determined: (1) that its insurance claim was untimely; and (2) that United properly denied the ...

Defendant-appellant Daniel R. Nehring appeals an order, entered after a refusal hearing under Wisconsin’s implied consent law, which revoked his driver’s operating privileges for one year. Nehring was arrested on Aug. 11, 2000, after he drove his truck into a ...

“Booker is correct that the government’s chemical evaluations identified the drugs generally as cocaine base and not as a specific type of cocaine. But we are aware of only two substances that are classified as cocaine base: crack cocaine and ...

David L. and Mitzi L. challenge the validity of an order issued by the circuit court on Nov. 14, 2000, extending the County’s supervision of their daughters, Jessica L. and DeAnna L., and extending Jessica’s out-of-home placement with her grandmother. ...

Terrence Hood appeals from judgments convicting him on two armed robbery counts, three false imprisonment counts, and one count of auto theft. He also appeals from the order denying him postconviction relief. In exchange for certain concessions, Hood entered no ...

“We cannot think of any fundamental or economic objection to the restatement proposed by the gas company, which would eliminate any difference in taxation between a utility’s being forced by the regulators to reduce its rates and its being forced ...

Kurt J.K. appeals from a CHIPS dispositional order of the circuit court placing his daughter Jennifer N.K. with her maternal grandparents. Kurt’s arguments primarily focus on the sufficiency of the evidence justifying this placement. Kurt also argues that something more ...

Thomas Giegler appeals from a judgment of conviction on one count of burglary as a party to the crime and as a habitual criminal, and from an order denying his postconviction motion. The issues are whether his counsel was ineffective ...

Tammy W. appeals the orders terminating her parental rights to her three children and orders denying her posttermination motions. She contends that the trial court erred because it failed to find that Tammy’s unfitness as a parent was so egregious ...

Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) ...

Four Star Properties, Bernard and Christine Seidling and Seidling Trust appeal those parts of a judgment requiring them to refund alleged overpayments made on a land contract. The trial court concluded the land contract was ambiguous as to the starting ...

Jackson Carpenter appeals from a judgment of commitment as a sexually violent person and from an order denying Carpenter’s postcommitment motion. He raises several issues. We affirm all issues except the Thiel II issue, on which we reverse and remand. ...

Christopher Sudeta appeals a summary judgment dismissing his third-party complaint for contribution against Vilas County. Sudeta, who was sued because of an automobile collision, claimed that a deputy sheriff’s negligence contributed to cause the accident. The circuit court concluded the ...

“We decide this case in a published opinion to alert other federal courts that Simon is flooding the courts with ERISA claims virtually identical to the ones raised here. After the Central District of California dismissed Simon’s suit against 1600 ...

Stephen J. Kasun, Jr., and his wife, Edna Kasun, appeal from the judgment, following a jury trial, dismissing their action against Owens-Illinois, Inc., and from the circuit court’s denial of their postverdict motions. They present numerous arguments, all of which ...

“The certification order must be reversed, and not only because one-way intervention is forbidden. Fed. R. Civ. P. 23(c)(2)… The rule could not be clearer, and this is hardly a case in which class action treatment is obviously appropriate. Quite ...

Joanie M.H. appeals from an order entered by the trial court finding her to be mentally ill, dangerous and a proper subject for treatment, and involuntarily committing her to six months of treatment in the Milwaukee Mental Health Complex under ...

“He concedes as he must that had he paid the law firm on an hourly basis, the fee would have been an expense. It would have been a deduction from, not a reduction of, his gross income, as held in ...

Thomas R. Ward and the Wisconsin Resources Protection Council (collectively, Ward) appeal from a summary judgment in favor of Nicolet Minerals Company and from an order denying their postjudgment motion seeking (1) relief from the summary judgment; and (2) supplemental ...

“The transcript of Jackson’s March 27, 1975 sentencing hearing reflects that sentence was actually imposed at that time. At that initial hearing, the Judge stated, ‘[t]he Court … now sentences both defendants to not less than one (1) nor more ...

Mark W. Roob appeals from the trial court judgment awarding Duane P. Reusch, Laura K. Reusch, Karen M. Newton and Roger A. Newton (collectively, “the Reusches”) $38,368.16 for damages and costs, including attorney fees. Roob argues that the trial court ...

“Mr. Anderson was an assistant branch manager at TCF, not an ordinary bank teller. In that position, Mr. Anderson had access to any account in the bank system. As a result, he had access to or authority over valuable things, ...

The Town of St. Germain appeals an order granting GPS, Inc.’s petition for a writ of mandamus seeking to compel the Town to release three documents under Wis. Stat. sec. 19.35, the open records law. The Town argues that the ...

James and Reyne Kasieta appeal from an order dismissing their claim for adverse possession. The dispositive issue is whether the Kasietas proved that they adversely possessed the disputed property for the required 20 years. We conclude that they did not, ...

Gjerdingen Farms appeals from a summary judgment granting Thomas and Jane Brennan’s claim for specific performance on a first option to buy land owned by Gjerdingen. Gjerdingen challenges both the determination that it had breached the first option contract and ...