“Even if we were to conclude that what Block communicated via his 911 call constituted a known, present danger, we would not necessarily hold that the dispatchers had forfeited any claim to immunity for their actions in response. Neither dispatcher ...
Read More »01-1839-CR State v. Cook
Shane Cook appeals a judgment of conviction and sentence for two counts of forgery-uttering, as a party to the crime to which he pleaded no contest. On appeal Cook contends the forgery charges must be dismissed with prejudice because the ...
Read More »00-3229 Proffitt v. Ridgway, et al.
This case is unusual, moreover, in that the risk of serious harm was not only, perhaps not even mainly, to Woodall, the person in custody, but also to Ridgway, the police officer. Unless Ridgway was suicidal or insane, neither of ...
Read More »01-1203 McCrary v. Labor and Industry Review Commission, et al.
Kevin McCrary appeals from an order dismissing his complaint challenging a Labor and Industry Review Commission (LIRC) decision. LIRC concluded that although McCrary was entitled to temporary disability payments for a back injury he suffered in March 1998, he was ...
Read More »01-8038 In Re Bemis Company, Inc.,
That is the holding of General Telephone and of course we have no authority to overrule decisions of the Supreme Court. The distinctions that Bemis urges are threadbare: General Telephone did not involve harassment, the EEOC here is not alleging ...
Read More »01-1172 In re the Estate of Erickson: Calvary Coventry Church v. Nyquist
The Calvary Covenant Church appeals an order admitting to probate the 1992 will of Ebba Erickson. The church argues that the trial court erroneously admitted the 1992 will to probate because (1) it was barred by estoppel and laches; (2) ...
Read More »01-1625 Vukadinovich v. Board of School Trustees of North Newton School Corporation, et al.
“Vukadinovich failed to comply with Principal Larson’s directives. Principal Larson directed Vukadinovich to submit his lesson plan book and identify how it complied with state qualifications five times and also made Additional Directives to him. Vukadinovich refused to comply with ...
Read More »01-0565 In Re the Arbitration of a Dispute Between Local 236 Laborers International Union of North America, AFL-CIO and City of Madison:
Local 236 Laborers International Union of North America, AFL-CIO appeals a circuit court order which confirmed an arbitration decision concerning a grievance by Local 236 member Walter Dyer against his employer, the City of Madison, Engineering Division. The Union claims ...
Read More »00-4110, 01-1810 U.S. ex rel. Chandler v. Cook County
“[T]he legislative history of the 1986 amendments, in particular that accompanying the whistleblower provision, makes it likely that the Congress, when voting on the amendments, was aware that the FCA might reach municipalities. The Senate Judiciary Committee’s report states that ...
Read More »01-2161-FT Polk County v. Blanski
Polk County appeals an order dismissing its complaint against Jeff and Dawn Blanski for violating Polk County, Wis., Shoreland Protection Zoning Ordinances, art. XII, sec. 12.3B (1991). The ordinance prohibits more than one dwelling on a property. A violation is ...
Read More »01-2044 Donahue v. Barnhart
“It turns out that whoever wrote the Dictionary believes that basic literacy (defined as a vocabulary of 2,500 words, the ability to read about 100 words a minute, and the ability to print simple sentences) is essential for every job ...
Read More »01-0321 Brown, et al. v. Dane County, et al.
The plaintiffs in a personal injury action appeal a judgment dismissing their complaint. The issue is whether the circuit court properly granted summary judgment to the defendants because their allegedly negligent actions were discretionary acts of public officials and thus ...
Read More »01-1653 U.S. v. Alwan
“The evidence, which suggested the defendant was attempting to protect Hamas and Rezeq Saleh, came only in response and in answer to the defendant’s explanation. In the government’s case-in- chief, the evidence only explained the general nature of the grand ...
Read More »00-1891 Derkson, et al. v. Haarstick, et al.
Steven Derkson has appealed from a judgment awarding him $343,850 in damages and costs following a jury trial. Judgment was entered against the respondent, Troy Haarstick. The judgment dismissed Derkson’s claims against two other respondents, Holiday Inn Sun Spree Resort ...
Read More »01-1616 U.S. v. Vera
“Determining the forfeitable proceeds of an offense does not come within Apprendi’s rule, because there is no ‘prescribed statutory maximum’ and no risk that the defendant has been convicted de facto of a more serious offense. Section 853(a) is open-ended; ...
Read More »01-1125-CR State v. Elmer
Carrie K. Elmer appeals a judgment of conviction entered after a jury found her guilty of operating a motor vehicle while intoxicated and operating a motor vehicle with a suspended license. At trial, Elmer attempted to show that she had ...
Read More »00-2441 U.S. v. Peters
“The record is devoid of evidence establishing that Peters acted knowingly. Again, there was no evidence presented regarding Barbara’s physical state prior to 10:30 p.m., nor was there any evidence presented suggesting when, between 10:30 p.m. and 12:30 a.m., the ...
Read More »01-1291-CR State v. Russell
Christopher Russell appeals a judgment convicting him of one count of possession of THC, second offense. He also appeals the order denying his motion for postconviction relief. Russell argues that because the State failed to file an information, the circuit ...
Read More »00-6933 Lee v. Kemna
Three considerations, in combination, lead to the conclusion that the asserted state grounds are inadequate to block adjudication of Lee’s federal claim. First, when the trial judge denied Lee’s motion, he stated a reason that could not have been countered ...
Read More »01-1834-CR State v. Christophel
Robert Christophel appeals, pro se, from a judgment entered on his guilty pleas convicting him of battery, see Wis. Stat. § 940.19(1), and resisting a law-enforcement officer, see Wis. Stat. § 946.41(1). The judgment of conviction was signed on Feb. ...
Read More »00-957 Kansas v. Crane
Hendricks referred to the Act as requiring an abnormality or disorder that makes it “difficult, if not impossible, for the [dangerous] person to control his dangerous behavior.” Id., at 358. The word “difficult” indicates that the lack of control was ...
Read More »01-1051-CR State v. Delaney
Richard W. Delaney appeals from a judgment of conviction and sentence for operating while intoxicated (OWI), third offense. Richard first argues that the trial court erroneously denied his motion to suppress a statement of confession given to the police prior ...
Read More »01-0321 Brown, et al. v. Dane County, et al. (56490)
The plaintiffs in a personal injury action appeal a judgment dismissing their complaint. The issue is whether the circuit court properly granted summary judgment to the defendants because their allegedly negligent actions were discretionary acts of public officials and thus ...
Read More »01-0270-CR State v. David A.H.
David A.H. appeals a judgment convicting him of repeated sexual assault of the same child and attempted second-degree assault of a child. He also appeals an order denying his motion for postconviction relief. The sole issue is the exclusion of ...
Read More »00-3490 State v. Seay
The Court concluded that the absence of a signature on a notice of appeal filed by a pro se appellant does not compel dismissal of the appeal. While a notice of appeal must be signed, ‘if the notice is timely ...
Read More »01-1102-CR State v. Denure
Dennis Denure appeals from a judgment of conviction for operating a motor vehicle with a prohibited blood alcohol concentration. Denure argues that the circuit court erred when it denied his motion to suppress evidence obtained after a subpoena was issued ...
Read More »01-1473 State v. Espinoza
“The State argues that ‘Espinoza’s denial of involvement in a crime which there is probable cause to believe he committed, as a matter of law, establishes probable cause that he also committed the crime of o[b]structing.’ This broad, sweeping contention ...
Read More »88-1616 In the Matter of Disciplinary Proceedings Against Robert J. Hyndman, Attorney at Law
“[W]e acknowledge that under former SCR 21.03(5), which was in effect at the time of Hyndman’s revocation, it was expressly stated that the imposition of discipline for misconduct is not intended as a punishment for wrongdoing; rather, discipline is imposed ...
Read More »01-0814 In re: the Return of Property in State v. Bergquist
“The criminal code increases the penalty for an offender who commits a crime while possessing, using, or threatening to use a dangerous weapon. Wis. Stat. sec. 939.63. The increased penalty is intended to discourage the use of dangerous weapons in ...
Read More »95-0536 In the Matter of Disciplinary Proceedings Against David V. Penn, Attorney at Law
And, in response to the referee’s procedural questions, We believe that the rules contemplate that the referee conducting a hearing on the petition for reinstatement must engage in a full and unrestricted evaluation of the petitioner’s past, present, and predicted ...
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