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2010AP914 In re the marriage of: Hying v. Hying
Family Custody; physical placement; modification Martin Hying appeals from an order which modified joint legal custody and the amount of his physical placement with his child. He argues that the circuit court was without authority to make the changes when there was no formal motion for modification and that the circuit court’s decision is not […]
2010AP812-CR State v. Blackmore
Sentencing Modification Gene Blackmore appeals from a judgment of conviction entered upon his guilty pleas to two felonies as a party to the crimes: (1) conspiracy to commit armed robbery by use of force, and (2) false imprisonment. He also appeals from a postconviction order denying his motion to modify his sentences. On appeal, Blackmore […]
2010AP1279-CR State v. Brown
Sentencing Modification; new factors Leandra Brown, pro se, appeals from orders denying his motions to modify his sentence and to reconsider the adverse decisions. Because Brown fails to demonstrate the existence of a new factor warranting sentence modification, we affirm. This opinion will not be published. 2010AP1279-CR State v. Brown Dist I, Milwaukee County, Martens, […]
09-2964 Central States, Southeast & Southwest Areas Pension Fund v. Auffenberg Ford, Inc.
Labor ERISA; modification An oral agreement cannot modify a written agreement, even if written notice is provided. “Auffenberg cites Central States, Southeast & Southwest Areas Pension Fund v. Behnke, Inc., 883 F.2d 454 (6th Cir. 1989), in support of the proposition that CBAs can be orally modified as long as written notice is given. But […]
2008AP2552-CR State v. Prude
Sentencing Modification Terrance D. Prude, pro se, appeals the circuit court’s order denying his motion seeking sentence modification. He argues there is a new factor justifying sentence modification. Alternatively, Prude argues he is entitled to sentence modification in the interest of justice. We reject Prude’s arguments on appeal and affirm the circuit court’s order. This […]
2010AP918-CR State v. Dale
Sentencing Modification Brent J. Dale appeals the judgment convicting him of armed robbery and burglary and the order denying his postconviction motion for sentence modification. He argues that the circuit court erroneously exercised its sentencing discretion when it improperly relied on his refusal to waive his constitutional right against self-incrimination. Because we conclude that Dale [&helli[...]
2009AP2808-CR State v. Cespedes-Torres
Sentencing Modification Lene Cespedes-Torres, pro se, appeals orders denying a motion for sentence modification and a motion for reconsideration. Cespedes-Torres argues that: (1) he was denied a fair and impartial parole hearing; (2) “newly adopted” parole rules violate the ex post facto clause; and (3) he is entitled to a “correction” of his sentence. We […]
2010AP1236-CR State v. Madden
Sentencing Modification Michael Ralph Madden appeals from a judgment of conviction and an order denying his postconviction motion seeking sentence modification. Madden argues that his sentence should be reduced because a presentence investigation report was not prepared and as a result, the circuit court did not properly account for his mental health issues and other […]
2010AP140-CR State v. Eckstein
Sentencing Modification; new factors Joseph Eckstein, pro se, appeals an order denying his motion for sentence modification. Eckstein argues: (1) the trial court erroneously exercised its discretion in imposing an excessive sentence; (2) the court erred by denying his motion for sentence modification without a hearing; and (3) the Parole Commission’s denial of his parole […]
2010AP191-CR State v. Tabat
Sentencing Modification; new factors Gerald Allen Tabat, pro se, appeals from an order denying his motion for postconviction relief and from an order denying his motion to reconsider. The circuit court rejected his claim that an alleged change in parole policy warrants sentence modification. Because we conclude that the alleged policy change is neither a […]
2010AP10 In re the marriage of: Baldocchi v. Bischoffer
Family Maintenance; modification; change in circumstances Michael Baldocchi appeals from an order denying his motion to modify limited-term maintenance. Baldocchi argues the court erred by concluding that he failed to satisfy his burden to show a substantial change in circumstances. We disagree and affirm. This opinion will not be published. 2010AP10 In re the marriage […]
2010AP1791-FT In re the marriage of: Schmit v. Schmit
Family Physical placement; modification; change in circumstances Dale Schmit appeals from an order dismissing his motion for modification of physical placement. The circuit court determined Schmit failed to establish a substantial change in circumstances. Because the undisputed facts do not support the court’s determination, we reverse. On remand, the court shall determine whether modificati[...]
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