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

“United States v. Embry, 128 F.3d 584 (7th Cir. 1997), clarified that a formal evidentiary hearing may not always be necessary, but Embry did not disturb Gurtunca’s requirement that a district court make appropriate findings of availability. To the contrary, ...

Accordingly, because there is no statutory limitation period for noncontested cases, we conclude that the six-month default limitation is appropriate and plaintiff’s petition challenging the committee’s Nov. 5th ruling, which was filed on April 7, 1998, was therefore timely. Reversed ...

Michael Thompson appeals from a judgment of conviction entered after he pled guilty to one count of armed robbery, party to a crime. He also appeals from a judgment of conviction entered after he pled no contest to one count ...

“The Association’s original argument that this language created an exception only for attached or integrated boathouses is without merit, especially in light of paragraph four which explicitly requires garages to be attached to the home but makes no reference to ...

Sherman B. Rones appeals from judgments entered after he pled guilty to three counts of first-degree sexual assault, while using a dangerous weapon, and seven counts of armed robbery, several while concealing identity. Rones also appeals from an order denying ...

Accordingly, we reverse and remand to the circuit court with directions that it remand to the Common Council to determine whether Tellurian otherwise meets the standards for a conditional use permit without regard to a reasonable accommodation based on handicap ...

Ronnie Famous has appealed from a judgment convicting him of four counts of first-degree sexual assault of a child, and one count of exposing a child to harmful material. He has also appealed from an order denying a portion of ...

“‘Operate,’ under Wis. Stat.sec. 350.01(9r), includes ‘the exercise of physical control over the speed or direction of a snowmobile.’ ‘Operate,’ therefore, necessarily encompasses a person’s actions in stopping a snowmobile and turning off its motor because, literally, such actions do ...

Joanne Sekula appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), and from an order denying her motion for an evidentiary hearing on whether her trial counsel was ineffective for ...

This is so because, “the jury’s unanimous findings (confirmed when the trial court polled the jury) that Hughes possessed cocaine with the intent to deliver it, and that he also possessed that cocaine were not inconsistent. Additionally, Hughes does not ...

Michael A. Smaxwell appeals from a judgment of conviction for operating a motor vehicle while intoxicated, third offense. Smaxwell argues that there was neither consent nor exigent circumstances to justify the warrantless search of his garage prior to his arrest. ...

“It was not known to the trial court at the time of sentencing in this case that Norton’s probation would be revoked; rather, the trial court was advised by Hubbard that probation was not going to be revoked. Thus, the ...

Tony Eppenger appeals an order affirming a prison disciplinary decision given him while an inmate at Waupun Correctional Institution. The dispositive issue is whether substantial evidence supports that decision. We conclude that there was insufficient evidence to find Eppenger guilty ...

The Wysockis appeal from the trial court’s judgments dismissing their small claims actions seeking damages against the Town of Kronenwetter and its individual board members. In their complaints, the Wysockis allege that when the Town widened Oak Road in 1997, ...

William R. Scott appeals from a judgment of conviction and sentence after he pled guilty to operating a vehicle without the owner’s consent. He also appeals from an order denying his postconviction motion to modify his sentence. Scott claims: (1) ...

Mark Roob appeals from a default judgment in favor of Scott and Cindy Biesterveld. Roob is a professional photographer and photographed the Biestervelds’ wedding. Their complaint alleged that he breached a contract for the pictures, violated various provisions of Wisconsin’s ...

Craig Chenal was involved in a break-in of an abandoned house owned by the estate of Morris White. The State appeals an order that Chenal owed no restitution as a result of his conviction for misdemeanor theft, party to a ...

Richard and Colleen Janda appeal an order granting summary judgment to Heritage Mutual Insurance Company. The order precludes the Jandas from pursuing an uninsured motorist claim under their Heritage policy for personal injuries they sustained while riding their uninsured motorcycle. ...

Gary Malkmus appeals from an order denying his motion for postconviction relief. He also appeals from an order denying his motion for sentence credit. We affirm the orders of the trial court. This opinion will not be published. Dist II, ...

Jerome and Judith Hein appeal from a judgment declaring that a homeowners insurance policy issued to Thomas Frieberg did not provide coverage for Jerome’s injuries resulting from an automobile accident allegedly caused by Frieberg’s minor daughter. They contend the trial ...

“Pursuing the analogy to Rule 65(d) of the civil rules, we hold that the question for the district court and for us is not whether the arbitrators’ reasoning is incomplete in the sense that a syllogism would be incomplete if ...

Harold Jones appeals an order declaring that Stacie Jones, his daughter, is not covered by an automobile insurance policy issued to Jones Transportation, his business. The issue is whether the trial court correctly concluded that the policy did not provide ...

“Although the record does not reveal the exact number of Quantum employees covered by the severance plan, it is clear that others in addition to Dr. Bowles were covered. The covered employees had a one-year period in which they could ...

This is an appeal from an order terminating Stacey A.M.’s parental rights to Quianna M.M. The issue is one of statutory interpretation: whether Wis. Stat. sec. 48.415(9) (1999-2000), which establishes “Parenthood as a result of sexual assault” as a ground ...

“Notably, the same courts that have confirmed the right of the EEOC to seek broad injunctive relief explicitly have disallowed an award of back pay to the individuals who could not have sought that relief themselves. … In the present ...

Tisa C. appeals orders terminating her parental rights to her two children and orders denying her post-termination motions. Tisa challenges the sufficiency of the evidence supporting the jury’s finding beyond a reasonable doubt of the likelihood of serious emotional or ...

“[T]he district judge found as a fact that what the fund got for its 6 cents per share was as good as what it could have bought in a market free of kickbacks and undue influence and that her finding ...

The Langlade County Board of Adjustment appeals from a circuit court judgment reversing its decision relating to property owned by Patrick and Betty Curran. The issue is whether the board correctly determined that the Currans were required to apply for ...

“While the plain language of the FDCA clearly prohibited the failure to establish or maintain records, criminal penalties were not clearly imposed. Nevertheless, we agree with the reasoning found in the former set of cases rather than the latter because ...

The State appeals an order suppressing incriminating statements that David Arnold made to police. The State argues that (1) Arnold was not in custody when he made the statements, and (2) Arnold’s statements were voluntary because the police used no ...