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The Department of Health and Family Services (DHFS) appeals from an order directing it to grant Medical Assistance benefits to the eight Respondents, after some of the Respondents prevailed in a related federal suit. DHFS argues that the Respondents’ claims for these benefits are barred by a number of statutory and common law rules. The Respondents counter that they should ...

“The Kendallville ordinance affirmatively violates a requirement set out in sec. 20106, which as we said requires that the state law, regulation, or order not place an unreasonable burden on interstate commerce. To uphold enforcement of the ordinance would do just that. Even putting sec. 20106 aside, upholding municipal regulation of railroad right- of-way would completely undermine the goal of ...

Thomas W. Koeppen appeals from a judgment of conviction of bail jumping as a habitual criminal and from an order denying his motion for postconviction relief. Koeppen argues that the evidence adduced at trial was insufficient and that he was denied his right to due process of law and a speedy trial. He also contends that it was error to ...

“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a car without a license is a crime of violence because people who commit that offense are likely to drive when ...

Daniel Shea appeals from the trial court’s order denying his motion for postconviction relief brought pursuant to Wis. Stat. sec. 974.06 (1999-2000). Shea raises several issues addressing the prosecutor’s alleged failure to provide him with discovery materials. We affirm. This opinion will not be published. Dist IV, Dane County, Fiedler, J., Per Curiam Attorneys: For Appellant: Daniel T. Shea, Oregon ...

“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s charges included charges of conspiracy. However, the charges against Jefferson were based on evidence which was obtained when the search ...

Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. Alternatively, he contends that trial counsel provided him with ineffective assistance and the case should be retried. We agree that ...

“When blame for discrimination is laid at the feet of a single decisionmaker, or a small group of individuals, it is comparatively easy to find ‘commonality.’ … Here, by contrast, the decisions of apparently hundreds of center managers are implicated, requiring many individualized inquiries that not only undermine ‘commonality’ but also have the potential to render class treatment unworkable … ...

Anthony A. Suslick appeals from the judgment of conviction entered against him. The issue on appeal is whether the circuit court erroneously exercised its discretion when it refused to allow Suslick to withdraw his pleas. Because there is support in the record for the circuit court’s decision, we cannot conclude that the court erroneously exercised its discretion. Therefore, we affirm. ...

“When one contemplates the circumstances of this case, it is difficult to find misconduct in connection with Garnati’s actions… [T]he prosecutor was shown a copy of the note dated April 6 and was told by a confident Mrs. Misselhorn that she and her husband in fact purchased the note on April 6. The Shasteens also had adequate opportunity to expose ...

Harlan Richards appeals an order dismissing his declaratory judgment action challenging the constitutionality of various provisions of the Wisconsin Prisoner Litigation Reform Act (PLRA). The issue is whether Richards, a Wisconsin prison inmate, presented the court with a justiciable controversy. We affirm the trial court’s determination that he did not. This opinion will not be published. Dist IV, Dane County, ...

Daniel Williams, a civilly committed Wis. Stat. Ch. 980 patient held at the Wisconsin Resource Center (WRC), appeals from a trial court order granting the State’s motion for relief from the court’s previous order granting Williams’s petition for supervised release. Williams argues that the provisions of Wis. Stat. secs. 806.07 and 805.15 (1999-2000) regarding newly discovered evidence do not apply ...

Patricia K. Messner appeals her conviction for operating under the influence, second offense, with a minor passenger under the age of 16 in the motor vehicle. She contends that there was no probable cause for her arrest, that the trial court erred in denying her motion to suppress statements she made while detained by police officers, and that the jury ...

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before looking down from the porch to see the attackers; 2) whether he gave the police the names of Tayborn and ...

Jerome Foods Inc. and its insurer appeal a judgment affirming a decision of the Labor and Industry Review Commission in which the commission found that Jerome Foods refused to rehire Terri Strzyzewski without reasonable cause. Jerome Foods argues that Strzyzewski failed to prove a prima facie case that she applied for rehire and her employer refused to rehire her because ...

Randy S. Alby appeals his conviction for operating while intoxicated following a trial before the court. At trial, he conceded that he was driving while intoxicated, but raised the affirmative defense of involuntary intoxication as the means by which he could be relieved of responsibility for his crime. The trial court held that Alby had not met his initial burden ...

And this is so even though the Elo congregation continued to function as a church.”In this case, we are not concerned with the intra-church dispute that fueled the Elo congregation’s departure. Moreover, we have not been invited to determine whether the Elo church has abandoned the UMC by a departure from doctrine. Nor would we accept such an invitation, as ...

Roger Oligney appeals an order denying his motion for relief from a judgment divorcing him from Nancy Coronado and another order finding him in contempt for failing to comply with the divorce judgment. He claims the trial court: (1) erroneously included assets he had acquired prior to the marriage in the marital estate; (2) erroneously exercised its discretion by imposing ...

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her motion to withdraw her plea because it (1) held that as a matter of law she may not rely on ...

Wilcox, J. “In accordance with the policy of encouraging the freedom of movement of employees and protecting their personal liberty, such fluid customer list limitations should be given greater breadth than rigid geographical restrictions because they oftentimes ‘more closely approximate the area of the employer’s vulnerability to unfair competition by a former employee and [do] not deprive the employee of ...

American Family Mutual Insurance Company (American Family) appeals from an order and a judgment declaring American Family liable to Jean Fleishman for $33,000 pursuant to the uninsured motorist coverage in her automobile policy with American Family. The trial court determined that she was entitled to $33,000 because that was the amount of damages she could have recovered from Michael Brem, ...

Raymond Ferguson, pro se, appeals from the trial court’s order affirming a decision revoking his parole. The issues are: (1) whether the decision to revoke Ferguson’s parole was supported by substantial evidence; (2) whether the decision was arbitrary, capricious, or contrary to law; and (3) whether the hearing examiner failed to follow the Department of Corrections (DOC) penalty schedule. We ...

So ordered. Office of Lawyer Regulation, Per Curiam

Jeffery S. appeals an order terminating his parental rights to his daughter, Megan D. Jeffrey argues: (1) the trial court erroneously exercised its discretion by admitting evidence of his prior criminal convictions; (2) the evidence introduced at the fact-finding hearing was insufficient to satisfy the ground of continuing need for protection or services; and (3) the trial court erroneously exercised ...

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming error only in the enhanced sentence he received for being a habitual criminal. He also appeals an order denying his ...

“The referee further found that by misappropriating clients’ funds being held in his trust account Attorney Lieuallen violated the standard of conduct set forth by this court in Disciplinary Proceedings Against Marine, 82 Wis. 2d 602, 609-10, 264 N.W.2d 285 (1978) and, therefore, violated SCR 20:8.4(f).” We agree with the referee that attorney Lieuallen’s gross pattern of misconduct, including the ...

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. Fahser claims the trial court erred by instructing the jury that the mere use of a way over unenclosed land ...

“As plainly as Civil Rule 11(a) requires a signature on filed papers, however, so the rule goes on to provide in its final sentence that ‘omission of the signature may be corrected promptly after being called to the attention of the attorney or party.’ ‘Correction can be made,’ the Rules Advisory Committee noted, ‘by signing the paper on file or ...

Where the court is evenly divided on whether to affirm or reverse the decision of the court of appeals, the decision of the court of appeals must be affirmed. Court of Appeals, Per Curiam Attorneys: For Appellant: Ellen Henak, Madison For Respondent: Marguerite M. Moeller, James E. Doyle, Madison

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. Fahser claims the trial court erred by instructing the jury that the mere use of a way over unenclosed land ...