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

“The court concluded that Green had failed to offer any factual showing that the counseling records could contain information that would show N.W.’s inability to perceive events, remember or testify. … “In light of the strong public policy favoring protection ...

Dorothy Erickson appeals a judgment of divorce that awarded her $1,000 per month maintenance for twelve months from Michael Erickson. Dorothy argues that the maintenance award was an erroneous exercise of the circuit court’s discretion. We agree and reverse, remanding ...

James Knaus appeals his conviction for operating a motor vehicle while intoxicated (OMVWI). We conclude that because Knaus stipulated to the admissibility of the result of a blood-alcohol test at his jury trial, he waived his right to challenge the ...

Under any definition of “impartiality,” the announce clause fails strict scrutiny. First, it is plain that the clause is not narrowly tailored to serve impartiality (or its appearance) in the traditional sense of the word, i.e., as a lack of ...

After two school staffers reported suspected abuse of a student, and the abuse was deemed unlikely by a social worker, defendant school superintendent wrote to the student’s parents attempting to explain the reporting requirements and naming the two staffers. The ...

James R.K. appeals from an order determining that he owes over $46,000 in past child support. He argues that because two previous paternity actions were dismissed, this action is barred by operation of Wis. Stat. sec. 805.04(1) (1999-2000). He also ...

Patty Jorgensen appeals a judgment of the circuit court finding her guilty of operating a motor vehicle while intoxicated, fourth offense. She also appeals an order denying her motion for postconviction relief. This opinion will not be published. Dist IV, ...

“The instant program is one of true private choice, consistent with the Mueller line of cases, and thus constitutional. It is neutral in all respects towards religion, and is part of Ohio’s general and multifaceted undertaking to provide educational opportunities ...

If the defendant’s expert testifies, either implicitly or explicitly, to facts surrounding the crime, the defendant may be compelled to submit to a psychological examination by a State-selected expert. In this case, involving defendant’s alleged repeated sexual assault of his ...

Carolyn G. and Jesse W. appeal from an order terminating their parental rights. Carolyn claims the trial court erroneously exercised its discretion when it denied her motion seeking to vacate the default judgment entered when she failed to appear for ...

Sylvia’s Eagle Express Inc. (Sylvia’s) appeals from two judgments of the trial court convicting Sylvia’s of operating a motor vehicle in violation of weight limits, and operating a motor vehicle while having a cracked frame. Sylvia’s contends that the trial ...

The Board’s definition of a retaliatory suit as one brought with a motive to interfere with the exercise of protected NLRA º7 rights covers a substantial amount of genuine petitioning. For example, an employer’s suit to stop what the employer ...

“[I]f the recantation evidence satisfies the test in McCallum, any application of issue preclusion to exclude this evidence from Sorenson’s ch. 980 trial would be fundamentally unfair to Sorenson under the fifth standard set forth in Michelle T. Fundamental unfairness ...

Thomas Z.P. seeks a de novo dispositional hearing and placement determination based on his contentions that: (1) the circuit court erroneously received into evidence over a hearsay objection a therapist’s written report from a court-ordered assessment and (2) the circuit ...

David E. Bowers appeals from the judgment entered after he pled guilty to two counts of first-degree sexual assault of a child. Bowers also appeals from the order denying his motion to withdraw his guilty pleas. Bowers submits that the ...

Considering the nature and immediacy of the government’s concerns and the efficacy of the Policy in meeting them, see Vernonia, 515 U.S., at 660, the Court concludes that the Policy effectively serves the School District’s interest in protecting its students’ ...

Despite a clear anti-assignment clause, Callahan assigned his future payments, obtained in a structured settlement of a products liability suit, to Settlement Capitol Corporation, which, in turn, assigned them to Wentworth. Wentworth challenges the anti-assignment clause; we affirm the circuit ...

Myron Wiza appeals from a judgment entered on a jury verdict that found him twenty percent contributorily negligent in a truck accident in which he was injured. The jury found the driver, Mary Hart, eighty percent causally negligent in the ...

Leon J. Lace appeals from the judgment of conviction for possession of marijuana with intent to deliver, as a party to a crime, following a jury trial. He argues that the trial court erred in denying his suppression motion because: ...

Although the Fifth and Sixth Amendments provide, as part of the Constitution’s “fair trial” guarantee, that defendants have the right to receive exculpatory impeachment material from prosecutors, see, e.g., Brady v. Maryland, 373 U.S. 83, 87, a defendant who pleads ...

“Yao ‘does not dispute the CFRR’s finding that the tapes were not erased in an effort to affect the outcome of the case.’ The gaps in the videotaping for the weekend of December 4-6, 1998, came about during Chapman’s investigation ...

Lila May Wolline appeals from a judgment terminating her life estate in property owned by B.B.C. L.L.C. Because Wolline’s life estate was subject to terms set out in a settlement agreement between the parties and Wolline failed to comply with ...

We reject plaintiffs’ claims that the board acted without a reasonable basis and contrary to law; we find that the board reasonably found that the preexisting use was only 21 sites, and correctly found that the jump to 44 sites ...

Even though Dr. Semler was not qualified to diagnose the child’s neurological injuries, Dr. Semler was qualified to testify about the cause of what the neonatologist identified as the child’s neurological damage. Wisconsin Stat. Rule 907.03. It would be readily ...

These sections are enforceable through private causes of action, whose remedies are coextensive with those available in a private action under Title VI of the Civil Rights Act of 1964. See sec. 203 of the ADA and sec. 505(a)(2) of ...

“NIS drivers drove truckloads of steel to designated delivery points, loosened the restraints on the loads, and occasionally helped to rig the load. While the steel itself was fashioned by Vulcan into catwalks, handrails, and other structures that were vital ...

David Fanello and Shelly Weeth appeal a summary judgment dismissing their negligence action against Trempealeau County and Sheriff Ralph Weisenberger. The trial court concluded that the County and sheriff are immune from suit under Wis. Stat. sec. 893.80(4). Fanello and ...

John D. Tiggs, Jr. appeals from an order denying his motion to change a judgment of conviction to reflect his legal name, Akinbo Jihad Suru Hashim, rather than his given name. We hold that whether there is a positive right ...

There is no doubt that the interests the ordinance assertedly serves-the prevention of fraud and crime and the protection of residents’ privacy-are important and that the Village may seek to safeguard them through some form of regulation of solicitation activity. ...

“[T]he record demonstrates that Dr. Pope had concluded that O’Neal passed the baseline statewide medical examination, and the defendants knew it. Dr. Pope checked the ‘no’ box next to each baseline condition listed in O’Neal’s 1977 fund application and signed ...