Motor Vehicles OWI; due process; exculpatory evidence This case returns to us after remand. The State appeals from a circuit court order dismissing charges filed against Daniel W. Kohel for operating a motor vehicle while intoxicated (OWI) and with a ...Read More »
Motor Vehicles OWI; warrantless searches; consent Chad Ebert appeals from a judgment of the circuit court convicting him of operating a motor vehicle with a prohibited alcohol concentration (third offense). The issue in this appeal is whether the police had ...Read More »
Motor Vehicles OWI; blood tests Craig Erickson appeals from a judgment of conviction for operating a motor vehicle while revoked, second offense, and operating with a prohibited blood alcohol content (PAC), fourth offense. Erickson contends that the trial court erred ...Read More »
Motor Vehicles OWI; reasonable suspicion Thomas R. Paulick appeals his conviction for operating a vehicle while intoxicated, first offense. While Paulick’s argument is somewhat confusing, for reasons we will soon relate, we deem the issue to be whether there was ...Read More »
Insurance Duty to defend B.G. Lein Management Corp. and Cartlein Investments, LLC, appeal from the order granting summary judgment to West Bend Mutual Insurance Co. The court determined that West Bend did not have a duty to defend J.K. Contractors, ...Read More »
Search and Seizure Search warrants; staleness Demonn S. Williams appeals from a judgment of conviction entered upon his guilty pleas to two felonies. The issue is whether the circuit court erroneously denied his motion to suppress evidence found when police ...Read More »
Evidence Other acts Jonathan Meenen appeals a judgment of conviction for first-degree sexual assault of a child. Meenen argues the circuit court erroneously admitted other acts evidence. We disagree and affirm. Not recommended for publication in the official reports. 2009AP3107-CR ...Read More »
Criminal Procedure Plea withdrawal Alex D. Keeton appeals judgments convicting him of second-degree reckless homicide, with use of a dangerous weapon, and solicitation to commit first-degree intentional homicide. He also appeals an order denying his motion for postconviction relief. Keeton ...Read More »
Criminal Procedure Judicial recusal Henry Edward Reed, Jr. appeals a judgment convicting him of burglary and attempted burglary. He also appeals an order denying him postconviction relief. Reed contends that he should be allowed to withdraw his guilty pleas and/or ...Read More »
Criminal Procedure Ineffective assistance Garland H. Hampton, pro se, appeals the order denying his motion for postconviction relief. Hampton argues that the postconviction court erred when it denied his claims of ineffective assistance of counsel and newly discovered evidence without ...Read More »
Criminal Procedure Discovery; DNA testing Roy James Jones, pro se, appeals from circuit court orders denying two postconviction motions, which sought new DNA testing of certain evidence. The circuit court denied the first motion because Jones refused to turn over ...Read More »
Municipalities Notice of claim Thomas Vitrano, pro se, appeals the dismissal of his small claims action against the Milwaukee Police Department for return of property taken during the execution of a search warrant. Because we conclude that Vitrano failed to ...
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Employment Overtime wages The DWD’s method of calculating overtime pay for salaried employees is correct. “The department’s calculation methodology is consistent with the statutory and code requirements that an employee be paid time and one-half the regular rate for hours ...Read More »
Civil Procedure Service of process Where a property owner seeks certiorari review of a county’s issuance of a reclamation permit, but did not serve the county as prescribed in 801.11(4)(a)1, the circuit court lacks jurisdiction. “In an action against a ...Read More »
Civil Procedure Judicial estoppel Where a party maintained it was the owner of property in an eminent domain proceeding, it is estopped from arguing it is not in a later forfeiture action. “We think that Ryan presents a textbook example ...Read More »
Tax FICA; medical residents Wages paid to doctors in residency programs are subject to FICA. Mayo accepts the Treasury Department’s determination that an individual may not qualify for the student exception unless the educational aspect of his relationship with his ...
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Employment WARN Act In calculating the number of employees terminated when a business closes under the WARN Act, employees who voluntarily accepted severance packages are not included. “While we recognize the unenviable positions in which DHL’s Chicagoland workers found themselves, ...
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Consumer Protection RESPA A qualified written request under RESPA need only identify the borrower, the account, and include a reasonably stated request for information. “RESPA does not require any magic language before a servicer must construe a written communication from ...Read More »
Immigration Ex post facto clause Retroactive application of criteria for deportation does not violate the ex post facto clause. “In Padilla, the Court held that counsel for an alien charged with a crime has a constitutional obligation to tell the ...Read More »
Search and Seizure Probable cause The State of Wisconsin appeals an order suppressing evidence. The issue is whether the search warrant affidavit provided probable cause to search the defendant’s residence. We conclude it did not, and therefore we affirm. This ...Read More »
Contracts Summary judgment Where a party presented only hearsay in opposition to a summary judgment motion, the motion was properly granted. “Midwest also attacks the evidence MMG submitted in support of its claim that it fulfilled the terms of its ...Read More »
Property Condemnation; voluntary dismissal Wisconsin Mall Properties, LLC, appeals an order prohibiting it from voluntarily dismissing its condemnation appeal. Mall Properties argues it was statutorily entitled to dismiss its appeal without circuit court permission. We agree and reverse. This opinion ...
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Criminal Procedure Ineffective assistance Amancio Reyes-Cruz appeals a judgment convicting him of sexually assaulting his former girlfriend, Yolanda M-P. He also appeals an order denying his postconviction motion. The motion claimed ineffective assistance of counsel because his trial attorney violated ...Read More »
Torts Legal malpractice Bert Roehl appeals an order dismissing his legal malpractice claim against Sharon Gisselman. Roehl’s complaint alleged that Gisselman negligently represented him in a fifth-offense OWI case by failing to collaterally attack one of his previous OWI convictions. ...
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Civil Procedure Class actions; removal Individual suits cannot be removed to federal court based only on an expectation that the cases will be consolidated into a class action. “The proposal must be to the court in which the suits are ...Read More »
2009AP1519 Planning Technology and Valuation Systems v. State of Wisconsin Department of Natural Resources
Natural Resources Managed forest land; withdrawal Planning Technology and Valuation Systems appeal a judgment withdrawing their land from the managed forest land (MFL) program. The companies assert the Department of Natural Resources failed to follow the proper withdrawal procedure, denied ...
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Civil Procedure Amended complaints Jeanine L. Jackson, Cheyenne S. McKinney-Jackson, and Judith Jackson, pro se, appeal from an order of the circuit court denying their motion for leave to file a second amended complaint and granting Toyota Motor Credit Corporation ...Read More »