Please ensure Javascript is enabled for purposes of website accessibility
Home / News/page 1224

News

01-1636-CR, 01-1637-CR, 01-1638-CR State v. Roberts

William H. Roberts pled no contest to bail jumping as a repeater. He seeks relief from the plea on the grounds that he never admitted his repeater status at the time of the plea nor did the State prove his repeater status. Roberts also seeks relief from his pleas to operating a motor vehicle while intoxicated (OWI), fourth offense, and ...

Read More »

00-3395 Hedrich v. Board of Regents of the University of Wisconsin System, et al.

“Hedrich urges that she was stigmatized by the defendants’ statements that she did not meet Whitewater’s standards of scholarship. This inference can be drawn, however, from practically every denial of tenure or termination. ‘Labeling an employee as incompetent or otherwise unable to meet an employer’s expectations does not infringe the employee’s liberty.’ Head v. Chicago Sch. Reform Bd. of Trustees, ...

Read More »

01-1118 State v. Herman

Defendant maintained that suspension of his license was not warranted because he was not driving at the time of his offense and he needs his car for employment, further arguing that the court had discretion to suspend his license for less than six months because the ‘961.50 suspension is presumptive rather than mandatory. We disagree. We conclude that a suspension ...

Read More »

01-1163-CR State v. Lowe

Mark Lowe appeals a judgment convicting him of several drug offenses. Lowe argues that because the arresting officer lacked probable cause to believe a crime had been committed, the trial court erroneously denied his suppression motion. Therefore, Lowe contends that his arrest violated his Fourth Amendment rights. He also challenges his conviction as multiplicitous and violative of double jeopardy. Lowe ...

Read More »

00-3406 & 01-2337 Cruz v. Town of Cicero

“Given the evidence in the record of the unprecedented, selectively applied, and substantively questionable standards that Loren-Maltese imposed on Gonzalez shortly after Gonzalez attempted to ‘take care of her’ with a bouquet of flowers, a reasonable jury could also have concluded (as this one did) that the trouble the Gonzalez parties had obtaining certificates of compliance for their units in ...

Read More »

00-3364 State v. Loranger

Although McKee was implicitly overruled by the U.S. Supreme Court’s decision in Kyllo v. United States, 533 U.S. 27 (2001), we conclude that suppressing the thermal imaging evidence would serve no remedial purpose where Kyllo had not yet been decided and the police relied on McKee in good faith. “Further, we conclude that the results of the thermal image scan ...

Read More »

00-3506-CR State v. Moss

Robert Moss appeals a judgment convicting him of possession of cocaine with intent to deliver it. He claims the trial court erred in denying his motion to suppress evidence which police seized from a residence he was occupying at the time of his arrest. Specifically, Moss contends that, contrary to the trial court’s conclusion, he had a legitimate expectation of ...

Read More »

01-2351 Dimenski v. INS

“Any other position would have astonishing sweep. Think for a moment of tax law. There are endless forms to fill out, and each decision about how to classify a transaction may have substantial effects, yet attempting to fit the Internal Revenue Code (and the implementing regulations) onto the forms would be an absurd project. In immigration law, as in tax ...

Read More »

01-2421 Mercy Health System Corporation v. Gauss, et al.

Mercy Health System Corporation (Mercy) appeals the trial court’s order dismissing its small claims action against Russell Gauss for the unpaid balance on an account in the amount of $2,624.45 plus interest. Mercy filed the action against both Gauss and Lisa Ann Rabe, who was previously married to Gauss. Mercy filed a motion for summary judgment against both Gauss and ...

Read More »

01-1266 State v. Fondren

Willie C. Fondren appeals from an order denying his motion for sentence modification. Fondren makes three almost incomprehensible arguments in support of sentence modification; as best we can tell, Fondren argues that his trial counsel was ineffective, that the trial court erred in not citing any precedent in support of its actions, and that the trial court improperly failed to ...

Read More »

00-1125 Winters v. Miller

“[A]lthough the bailiff’s failure to inform the judge of the jury’s inquiries was inappropriate, it was harmless error and does not warrant reversal. Winters has not established that the substance of the bailiff’s first ex parte response was prejudicial to the outcome of the trial. With respect to the jury’s second note, without proof that the bailiff communicated with the ...

Read More »

00-3249 In Re the Marriage of: Biliack v. Biliack

Mark Biliack has appealed from a judgment of divorce which awarded the respondent, Marla Biliack, maintenance of $2812 per month for a period of five years. Mark contends that the trial court erroneously exercised its discretion in awarding maintenance. He also contends that the trial court inequitably allocated the parties’ debts and property. We affirm the judgment in its entirety. ...

Read More »

00-1369 Mau v. North Dakota Insurance Reserve Fund

This is so because plaintiff falls within the first definition of named insured found in Endorsement #1, as a renter who purchased the additional IEP option and signed the rental documents on the line indicated, “renter’s signature.” We conclude that the IEP option, therefore, provides plaintiff with underinsured motorist coverage. And, because we have determined that plaintiff is a named ...

Read More »

00-3940 U.S. v. Chemetco, Inc.

“Section 309(c)(2) of the CWA, which allows for ‘a fine of not less than $5,000 nor more than $50,000 per day of violation,’ also lacks a statutory maximum penalty. 33 U.S.C. sec. 1319(c)(2). Thus, even though the sentence imposed under Section 309(c)(2) of the CWA depends on a factual finding– the number of violation days–this finding cannot increase the amount ...

Read More »

00-0325 In Re the Marriage of: Harvey f/k/a Osmanski v. Osmanski

Stephen Gavin Osmanski appeals from orders entered pertinent to post-divorce proceedings. Osmanski claims the trial court erroneously exercised its discretion when it: (1) reinstated the orders entered by the trial court that presided over the divorce; (2) failed to calculate child support using the shared-time payer formula in Wis. Stat. sec. 767.25(1j) and Wis. Admin. Code sec. DWD 40.04(2); (3) ...

Read More »

99-2580 State v. Kramer

Where the prosecutions for video gambling were limited to Fond du Lac tavern owners, we conclude that defendant has established a discriminatory purpose on the part of the State because the prosecutions were based on an arbitrary consideration: geographic location. Further, the State conceded that the county’s failure to distribute a warning letter to these tavern owners showed a discriminatory ...

Read More »

99-3277 Okai v. Verfuth, et al.

“The only evidence regarding the substance of the disciplinary reports and the nature of the officers’ suspensions came in the form of affidavits from Lieutenant Verfuth and Officer Zachary. In those affidavits, both officers averred that their suspensions were unrelated to anything that happened to Okai. Although Okai suggests that his failure to provide the trial judge with a copy ...

Read More »

01-0221 Calaway v. Village of Allouez, et al.

Thomas Calaway, Sandra Calaway and Catherine Calaway-Schounard (collectively, the Calaways) appeal from a trial court order affirming a Village of Allouez raze order. The Calaways argue that the raze order is unreasonable because (1) the Village did not consider repair cost estimates at the time it issued the raze order; (2) the value of parking spaces adjacent to the building ...

Read More »

01-0231 VanCleve v. City of Marinette (56334)

“The statute states that if the damages are caused by the wrong of the City ‘and of any person, or private corporation, such person or private corporation shall be primarily liable therefor.’ Wis. Stat. § 81.17. Therefore, a person who has any liability is liable for the entire judgment.” And, even though the city did not object to the contractor’s ...

Read More »

01-3101 U.S. v. Huusko

“Huusko contends that the district court failed to give any weight to the prospect that he had been wrongly convicted and would win his appeal. If that should happen, he argues, he would be improperly held in federal custody while he attempted to obtain counsel and file a habeas corpus petition. This argument is unavailing. The district court was entitled ...

Read More »

01-1047-FT Morse v. Kloss

Daniel and Karen Morse appeal a judgment dismissing their adverse possession and prescriptive easement claims against Ernest and Joyce Kloss’s adjoining lake lot. The Morses raise three issues: whether (1) the findings of fact support adverse possession or a prescriptive easement; (2) the evidence supports the court’s determination that their possession and use were not notorious; and (3) the evidence ...

Read More »

01-0794 Heibler v. Department of Workforce Development

“First, under Wis. Admin. Code § DWD 225.03(4), Heibler, having opted to substitute ‘any other type of leave’ (paid sick leave) for unpaid WFMLA leave, remained eligible to accrue ‘any seniority or employment benefit’ that ‘normally’ would have accrued during her leave. The SLIP benefit, however, would not have accrued during Heibler’s leave; by the terms of the collective bargaining ...

Read More »

01-0333 Ramharter, et al. v. Madison Newspapers Incorporated

The issue on this appeal is whether Wisconsin public policy precludes holding Madison Newspapers, Incorporated liable for arson committed by an intoxicated newspaper carrier. After a jury found Madison Newspapers liable for the negligent hiring, training, or supervision of the carrier, the trial court concluded that, as a matter of law, Wisconsin public policy precludes holding Madison Newspapers liable. We ...

Read More »

01-2035 State v. Ziebell

The sole issue on appeal is whether the circuit court erroneously exercised its discretion when it denied Patricia Ziebell’s motion to dismiss the charge for refusing to take a blood alcohol test after she pled guilty to the underlying charge of operating a motor vehicle while under the influence of an intoxicant. Because the circuit court applied an incorrect standard ...

Read More »

01-2213 U.S. v. Mantas

“Given the evidence, the district court did not clearly err in finding that Mantas intended to sell all of the produce in the warehouse. Underlining this point were Mantas’ brazen attempts to sell adulterated meat after inspectors had red-tagged the cooler and were still inspecting the warehouse. Although he claimed that he intended to destroy or return the spoiled products ...

Read More »

01-1771-CR State v. Kahl

Randy Kahl appeals from a judgment of conviction for operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a), second offense. Kahl challenges the denial of his motion to suppress the results of a chemical test of his blood. Specifically, he contends that the police were required to obtain a search warrant before submitting his blood sample ...

Read More »

99-1996 J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc.

Neither the PPA’s original nor its recodified text indicates that its protection for asexually reproduced plants was intended to be exclusive. The 1930 PPA amended the general patent provision to protect only the asexual reproduction of a plant. And Congress’ 1952 revision, which placed plant patents into a separate chapter 15, was only a housekeeping measure that did not change ...

Read More »

01-0311 State ex rel. Beyer v. Puckett

Bernard Beyer appeals the circuit court’s order quashing his writ of certiorari and dismissing his petition. Beyer argues that Stephen Puckett, the Director of the Bureau of Offender Classification and Movement, improperly denied his request to change his security classification. We affirm. This opinion will not be published. Dist IV, Dane County, Bartell, J., Per Curiam Attorneys: For Appellant: Bernard ...

Read More »

00-1260 U.S. v. Knights

The warrantless search of Knights, supported by reasonable suspicion and authorized by a probation condition, satisfied the Fourth Amendment. As nothing in Knights’ probation condition limits searches to those with a “probationary” purpose, the question here is whether the Fourth Amendment imposes such a limitation. Knights argues that a warrantless search of a probationer satisfies the Fourth Amendment only if ...

Read More »