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

James E. Gray appeals from a judgment entered after a bench trial, convicting him of attempting to obtain a controlled substance by fraud, and possession of a controlled substance with intent to deliver. Gray also appeals from the trial court’s ...

“The sequence of events reveals a pattern of dilatory conduct by Hunt. Hunt failed to respond to written discovery in a timely manner and relied on the absence of those responses as a basis to delay the depositions of Lincks ...

Michael Schulteis appeals from a judgment entered after a jury found him guilty of two counts of first-degree sexual assault of a child. He also appeals from an order denying his postconviction motion alleging ineffective assistance of counsel. He claims ...

“A court of appeals has the authority to implement a settlement reached while the case is on appeal. See Fed. R. App. P. 33. But first the court must know the settlement’s terms. When the parties do not agree on ...

Alejandro Rivera appeals a judgment convicting him of first-degree intentional homicide as party to a crime. He also appeals an order denying postconviction relief. Rivera was sentenced to a life term in prison with no eligibility for parole. Appellate counsel ...

“To decide, as Dispatch Automation says we (or a jury) must, whether a successive version of a computer software product is a merely incremental improvement or a breakthrough would be like determining the exact moment at which day becomes night. ...

Thomas Crider appeals a judgment sentencing him to eighteen years in prison for sexually assaulting his twelve-year-old step-granddaughter. He also appeals an order denying his motion to reduce the sentence. He argues that his trial attorney was ineffective because he ...

“Failure to pay a judgment or comply with an injunction entered by a court or agency cannot usefully be called ‘retaliation for filing the complaint’; nor is slow payment or even nonpayment a separate violation of federal law. See Evans ...

James Gulley, acting pro se, appeals from an order denying his motion for postconviction relief without a hearing. The issue on appeal is whether Gulley received ineffective assistance of trial, postconviction, and appellate counsel. Because we conclude that he did ...

“[8 U.S.C. 1252(g)] does not differentiate among kinds of relief. It names three administrative actions – decisions to ‘commence proceedings, adjudicate cases, or execute removal orders’ – and interdicts all judicial review ‘arising from’ those actions, unless some other part ...

“Here, LIRC found that American requested that Hernandez schedule an appointment with Dr. Doermann and that Hernandez would not have done so absent that request. The record supports those findings. Based on its findings, LIRC drew the reasonable inference that ...

Terry Doxtator appeals a judgment convicting him of having sexual contact with his girlfriend’s 11-year-old babysitter, J.C. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. Doxtator argues that his trial ...

“The arbitrator somehow sustained the Union’s grievance, and found that the employer’s payment of the greater commission rate to all drivers during the brief span of but the first two months (60 days) of the new five-year contract constituted a ...

Although defendant refers to a footnote in a prior case [S.D.S. v. Rock Cty. Dept. of Soc. Servs., 152 Wis.2d 345 (Ct. App. 1989] for the proposition that events occurring prior to the CHIPS dispositional order should be excluded, we ...

Heidi L. Williams was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as second offenses. She moved to suppress the results of a blood-alcohol test administered after her arrest, ...

“In this case, the district court held, and we agree, that a representative payee’s decision to apply benefits to the recipient’s cost of care in a state institution does not amount to other legal process – even when the payee ...

“We conclude that the unambiguous language of Wis. Stat. § 632.32(5)(i)1 and the State Farm policy refers to payments made by and on behalf of tortfeasors, and not to payments made pursuant to the insured’s own uninsured motorist coverage. Our ...

Yvette Thayer appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. Thayer argues that the blood test results should have been suppressed because the Informing the Accused form was ...

“[W]hile we agree with Anderson that the indictment in the instant case is flawed, we do not find it is so deficient that it must now be set aside. Section 2252A(a)(5)(b) states that any person who ‘knowingly possesses . . ...

“Dentici reported to jail on the same day that he was sentenced, was turned away due to overcrowding, and was, therefore, at liberty through no fault of his own. Accordingly, he is entitled to sentence credit for the intervening period ...

Michael L. Morris appeals from the judgment of conviction, following his guilty plea to sexual exploitation of a child, and from the order denying his motion for postconviction relief. In a series of somewhat vague and disjointed arguments, Morris contends ...

This is so because even though the implied consent statute provides an incentive for voluntary chemical testing, i.e. not facing civil refusal procedures and automatic revocation, voluntary testing is not the exclusive means that blood, urine or breath samples may ...

“Respondents Phillip Macht and the Circuit Court for Outagamie County move this court for reconsideration of its opinion in State ex rel. Seibert v. Macht, 2001 WI 67, 244 Wis.2d 378, 627 N.W.2d 881, for the limited purpose of revising ...

“The record before us contains no evidence that police created a coercive atmosphere in order to obtain Wallace’s consent, nor is there any evidence that they misrepresented their purpose or authority in making the request to search. … “Finally, in ...

“Holding Nippon Paper jointly and severally liable with the other four manufacturers, for the conspiracy’s entire sales, is compatible with Hanover Shoe, Illinois Brick, and Utilicorp. Certainly it does not undermine these decisions, which are themselves designed to improve deterrence. ...

The Wisconsin Department of Regulation and Licensing and the Wisconsin Veterinary Examining Board (the board) appeal from an order affirming discipline imposed against Jens Luebow but requiring the reduction of the $86,114.90 in costs imposed against him. Luebow cross-appeals pro ...

“Although Rosner was paid a higher salary, the record shows that Rosner worked at Family Health at least a year longer than Patt, and that Rosner had completed four years of post-residency work to Patt’s two years at the time ...

Frank Murphy appeals from a summary judgment dismissing his action for breach of contract against his former employer, Bruno Independent Living Aids, and his action for tortious interference against his former Bruno supervisor, Jerry Gnabasik. We conclude that Murphy failed ...

“The amended Galoob complaint alleged that the Hedeens sent ‘business letters’ on letterhead which included the Mirco Machines trademark and that this practice ‘created actual confusion, mistake and deception among the commercial public’ and resulted in ‘unlawful profits’ for the ...

Gary Campbell, a prison inmate, appeals from an order dismissing his action against Jerry Smith Jr., and Fred Melendez, two members of the Wisconsin Parole Commission. His complaint sought damages in tort for the respondents’ alleged violation of his due ...