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

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has ...

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ...

Sheila M.S. appeals the circuit court’s determination of child support, which was entered subsequent to a judgment of paternity finding that Michael J.M. was the father of Sheila’s child. Sheila contends that the circuit court improperly relied on a stipulation ...

United States Fidelity & Guaranty Company appeals from a judgment of $996,417 plus prejudgment interest and double costs in favor of its insured, Jonas Builders, Inc., and from an order denying its postverdict motions. USF&G challenges the jury’s findings that ...

A La Mode Distributors appeals from the circuit court’s judgment in favor of Westfield Insurance Company. The issue is whether the circuit court properly concluded that the policy issued by Westfield did not provide coverage to A La Mode for ...

Wesley H. (Wesley), appeals from the circuit court dispositional order, following a trial in which the jury found, among other things, that Wesley’s children, Wesley Jr., Brittany, and Wendy, were “at substantial risk of becoming the victim[s] of abuse,” and ...

Robert and Lana Wiese appeal from a judgment ordering them to convey land to Third World, LLC. The trial court granted summary judgment in favor of Third World after it sued the Wieses for the specific performance of a land ...

Aubrey and Irma Walker appeal from a judgment, following a jury trial, awarding them damages but not attorney’s fees. The Walkers argue that the trial court was incorrect in ruling that Wis. Stat. sec. 100.18 (1999-2000) does not apply to ...

“The parties here agree that Neiman [v. American National Prop. & Cas. Co., 2000 WI 83] does not expressly state whether the court was addressing a ‘facial’ or an ‘as applied’ challenge to retroactive application of the increased damages cap. ...

Arnold and Diane Schleicher appeal a judgment granting Jeffrey and Jone Riester specific performance on an option to purchase real estate. The trial court separated this action from the Schleicher’s third party misrepresentation action against the real estate agent who ...

“Under Walker, municipalities do not have a duty to cut roadside vegetation. Walker does not distinguish between municipalities that are negligent because they have not cut roadside vegetation at all and municipalities that cut roadside vegetation, but do so negligently. ...

Martha Steil appeals from an order affirming a decision of the Division of Hearings and Appeals that denied her application for institutional medical assistance. Steil argues that she complied with the requirements for eligibility under Wis. Stat. sec. 49.453 (1997-98), ...

“The United States Supreme Court has stated that on its face, the protection of the Sixth Amendment is triggered only when a criminal prosecution has begun and extends only to those persons who have been accused in the course of ...

Mark Illick, d/b/a Illick Electric and his insurer, appeal a judgment awarding Arvid Ames, d/b/a Ames Whitetail Ranch, $34,875 for Illick’s negligence in causing the death of twenty-one deer on Ames’ ranch. After trial to the court, the court found ...

“Here, the State conceded that Vanmanivong met his minimal initial burden and acknowledged that the next step would be for the trial court to conduct an in camera inspection. The State offered to have the informants present to testify and ...

Beth Bauer appeals from the trial court order denying her motion to vacate a judgment dismissing her third-party claim against Integrated Mail Industries, Inc. We affirm. Publication in the official reports is not recommended. Dist I, Milwaukee County, Miller, J., ...

“Hirsch offers no evidence of misadventure that could account for the trauma sustained by Laurie. The jury heard testimony from other witnesses and heard tapes of Hirsch himself, which demonstrated that he gave conflicting explanations for the cause of Laurie’s ...

Rudy Treml, acting pro se, appeals from an order dismissing his small claims action against Eugene Zwisler based upon his failure to present trial evidence sufficient to establish a prima facie case. He contends that because the doctrine of res ...

Although there may be circumstances when, based on probable cause, an arrest is inevitable and therefore it is a mere formality whether arrest comes before or after the search, in this case no arrest was going to occur at the ...

Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his ...

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. ...

Molecular Biology Resources Inc. appeals from a judgment of eviction resulting in a writ of restitution in favor of Business Park Development Co. LLC. The judgment also ordered Molecular Biology to refrain from removing any “improvements” it had made to ...

“The Union claims that the statute began to run in June of 1993, when the Union switched back from master to shift seniority with regard to sixth-day overtime opportunities. Casteel claims the overtime policy is a continuing violation that starts ...

Daniel Geller appeals from the judgment entered against him on March 2, 2001 granting a judgment of eviction to the plaintiff, Michael T. Mulqueen, et al., and terminating all of Geller’s contractual rights under four leases. Geller raises three issues ...

“We join the First and the Ninth Circuits in concluding that Congress has clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively… Section 321 of IIRIRA contains a clear and express directive from Congress that the ...

This appeal arises from a judgment following a jury verdict in a medical malpractice case. Dr. Bruce Heyl, St. Elizabeth Hospital, and their respective insurance companies (collectively, Heyl and St. Elizabeth), argue that (1) insufficient evidence supports the jury’s verdict ...

“The district court here found the government’s reasons to be adequate and race-neutral. We agree that the reason stated is clear, specific and related to the case. The government had some information that Juror P could be related to a ...

Kenneth J. Seely appeals from a judgment convicting him of three counts of substantial battery with intent to commit bodily harm, second-degree sexual assault and intimidating a victim and from an order denying his postconviction motion for sentence modification. On ...

“Where, as here, the record is void of any specific information regarding the occurrence and nature of, as well as the circumstances surrounding the ex parte contacts, the impact thereof upon the jurors, and whether or not the juries were ...

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. ...