Contracts Breach; warranty; false advertising This case consolidates two appeals brought by Brinkmann Pools, LLC (“Brinkmann”). In the 2009 appeal, Brinkman appeals from the trial court order granting summary judgment dismissing Hastings Mutual Insurance Company (“Hastings”). In the 2010 appeal, ...Read More »
Civil Procedure Sanctions; attorney fees Fidelis Omegbu, pro se, appeals the circuit court’s order dismissing this action. The issues are whether the circuit court properly ordered Omegbu to pay partial attorney fees as a sanction for filing summary judgment motions ...Read More »
Civil Procedure Appeals; jurisdiction Admiral Insurance Company and Chubb Custom Insurance Company appeal a judgment dismissing their claims against their insured, Paper Converting Machine Company. We initially decided the appeal on the merits, including the following language in a footnote: ...Read More »
Search and Seizure Exigent circumstances Where police would risk the safety of civilians and their own by waiting to get a warrant, a warrantless entry was justified by exigent circumstances. “[A] delay in obtaining a warrant might have facilitated an ...Read More »
Labor Arbitration An arbitration decision that a county violated the union’s collective bargaining agreement by reducing work hours is not void. “Insofar as whether the Award violates ‘a strong public policy,’ see Racine County, 2008 WI 70, ¶11, 310 Wis. ...Read More »
Civil Procedure Legal errors; subject matter jurisdiction A court’s subject matter jurisdiction is not affected by its errors of law. “Wisconsin’s artificial insemination statute creates a presumption that a husband whose wife is artificially inseminated with semen donated by another ...Read More »
Sentencing Consecutive sentences Where the district failed to recognize it had discretion to impose sentences concurrently or consecutively, a limited remand is appropriate. “Although the supervised release policy statements were advisory well before the sentencing guidelines themselves were made advisory ...Read More »
Professional Responsibility Public reprimand Where attorney Nikola P. Kostich represented a criminal defendant after being previously retained to represent her victim in a civil action, a public reprimand is appropriate. “Case law supports imposition of a public reprimand for cases ...Read More »
Civil Procedure Relation-back doctrine Where two entities share offices have the same registered agent and the same attorney, a complaint against one relates back to an earlier complaint filed against the other. “An examination of these pleadings reveals the following ...Read More »
Bankruptcy Exemptions A debtor who cannot exempt property under either the Wisconsin state exemptions or another state’s exemptions can use the federal exemptions under sec. 522(d). “The context of the exemption statute in the state court judgment enforcement provisions and ...Read More »
Evidence Third-party other acts and ‘reverse 404(b)’ In a drug trafficking case, evidence of a co-defendant’s post-arrest conduct was inadmissible because it did not necessarily negate evidence of defendant’s own intent or participation. “Following Alayeto’s first proffer of reverse 404(b) ...
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Criminal Procedure Privilege against self-incrimination; improper closing The trial court correctly denied defendant’s mistrial motion based upon the argument that the government infringed his Fifth Amendment right to remain silent when the prosecutor commented in closing arguments that defendant failed ...
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09-4001, Karl Schmidt Unisia Inc. v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local 2357, et al.,
Labor and Employment Arbitrable grievances Summary judgment was appropriate where a union’s grievances regarding a “Thirty and Out” provision, which provides eligibility for supplemental retirement benefits, are arbitrable because the terms of the parties’ collective bargaining agreement did not expressly ...Read More »
08-3769, Estate of Sallenger v. City of Springfield, Ill., Central District of Illinois, Scott, J., Sykes, J.
Civil Rights Failure to provide medical care to arrestee; failure to train Where police officers used a hobble to restrain a man undergoing a psychotic episode, and he subsequently stopped breathing and died, summary judgment was appropriate on his estate’s ...
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Motor Vehicles OWI; stop and detention; mistake of law George Greenwood appeals his conviction for operating a motor vehicle while under the influence of an intoxicant as a second offense. He challenges the denial of his motion to suppress evidence ...Read More »
Criminal Procedure Plea withdrawal Troy M. Kratz appeals from a judgment of conviction for battery causing great bodily harm as a party to a crime and as a repeat offender, and the order denying his motion for postconviction relief. He ...Read More »
Family Divorce; modification; change in circumstances Claudia Stumpner appeals an order modifying a divorce judgment. We affirm. This opinion will not be published. 2010AP392 In re the marriage of: Stumpner v. Cutting Dist IV, Clark County, Counsell, J., Per Curiam ...Read More »
Civil Procedure Jury instructions; peremptory strikes Steven Thomas sued various paint manufacturers, alleging that childhood exposure to white lead carbonate found in their products caused injury to his brain. A jury returned a verdict in favor of the Manufacturers. Thomas ...Read More »
Evidence Other acts; hearsay; right to present defense Kevin Moore appeals his conviction for intentionally murdering his wife. He makes four separate arguments as to why his conviction should be overturned: 1) there was insufficient evidence to convict him, 2) ...Read More »
Criminal Procedure Ineffective assistance Ralph Hoak appeals from a judgment imposing sentence after the revocation of probation and from the order denying his postconviction motion for resentencing. He argues that the sentence was based on inaccurate information and on information ...Read More »
Employment FELA; causation; expert testimony The district court properly excluded the testimony of an ergonomist and treating physicians to prove that a railroad employee’s cumulative trauma disorders were caused by the railroad’s negligence. “[T]he ergonomist could testify as an expert ...Read More »
Probation and Parole Revocation Jason Walker was sentenced after revocation of his probation. The sentencing court considered probation violations that Walker denied committing. Walker argues the court could not consider the violations because the State did not prove he committed ...Read More »
2nd-degree reckless homicide Lesser-included offenses Tony Lamont Jackson appeals the trial court’s judgment entered after a jury found him guilty of second-degree reckless homicide, contrary to Wis. Stat. § 940.06(1) (2007-08), and of being a felon in possession of a ...Read More »
Criminal Procedure Miranda warnings In these consolidated appeals, Willie B. Cole appeals from judgments of conviction and from orders reinstating those judgments. We conditionally reversed the judgments in Cole’s earlier appeal, concluding that the circuit court applied the wrong burden ...Read More »
Criminal Procedure Continuances Jason Burridge appeals from a judgment of conviction for repeated sexual assault of a child. Burridge’s sole claim on appeal concerns the denial of his request for a continuance of the jury trial. We affirm. This opinion ...Read More »
Criminal Procedure Plea withdrawal Aaron Krocker appeals an order denying his motion for postconviction relief. Krocker argues the circuit court erred by denying his motion without an evidentiary hearing. We disagree and affirm. This opinion will not be published. 2009AP2471 ...Read More »
Criminal Procedure Ineffective assistance Bradley Gallentine appeals a judgment of conviction for repeated sexual assault of a child, and an order denying his postconviction motion. Gallentine argues his trial counsel provided ineffective assistance by failing to introduce testimony from his ...Read More »
Criminal Procedure Information; transcripts Sean Fitzgerald Rowell, pro se, appeals from an order denying his postconviction motion. Rowell argues that his 1997 conviction for first-degree intentional homicide should be vacated because the prosecutor filed the information at the conclusion of ...
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Juveniles TPR; due process; competence Marquita R. appeals the orders terminating her parental rights to three of her children: Ziear R., Samara R., and Marquita R. Marquita R. contends that the trial court violated her due process rights when, after ...Read More »
Tax Property taxes; fair market value Where there is no evidence that real estate transactions were sale-leasebacks, the transactions were admissible in determining the fair market value of the properties. “As required by Wis. Stat. § 70.32(1), the City verified ...Read More »