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08-2029 Mendez v. Perla Dental
Civil Procedure Jury instructions; waiver The defendants waived their objections to the jury instructions by failing to raise them. “The error in the jury instruction is simply a trial error that the defendants could have challenged on the merits, but they failed to do so at any appropriate point in time. At trial, the defendants […]
2010AP1672 Cmelo v. Donovan
Civil Procedure Personal jurisdiction; waiver Patricia Donovan, pro se, appeals a circuit court order affirming a harassment injunction entered against her by a family court commissioner. Donovan argues the circuit court erred by failing to hold an evidentiary hearing on the issue of personal jurisdiction and by ignoring Wisconsin law on evidentiary requirements in Internet […]
10-1440 Hernandez v. Cook County Sheriff’s Office
Civil Rights Qualified immunity; waiver Defendants do not waive a qualified immunity defense by only treating the issue in a cursory fashion. “The district court erred by ruling that the defendants waived their qualified immunity argument as to the First Amendment retaliation claims. It is certainly true that the discussion in their opening memorandum in […]
10-C-553 Fischer v. Van Hollen
Habeas Corpus Waiver If the state does not respond to a habeas corpus petition in federal court, it waives its opportunity to make specific arguments to the petition. “While the court rejects the suggestion that the expert’s testimony was relevant only to the charge of operating with a prohibited alcohol concentration, the foregoing observation emphasizes […]
2010AP784 In the interest of Tyler T.
Juveniles Delinquency; waiver Tyler T. appeals from an order of the circuit court waiving him into adult court. He argues that it was improper for the assistant district attorney to appear at a waiver recommendation meeting when neither Tyler nor his attorney were asked to attend. As Tyler believes the waiver investigation report was tainted […]
09-2292 Promotor v. Pollard
Habeas Corpus Waiver Wisconsin courts regularly apply the procedural default rule, that a party who fails to object at the trial court waives the right to appeal unless justice so requires. “As a general rule, Wisconsin courts find waiver if information is not objected to at the trial court. And this was true in 2003 […]
2009AP2057-CR State v. Stevens
Criminal Procedure Right to counsel; waiver In this appeal, the State of Wisconsin argues that the circuit court erroneously suppressed David Stevens’ inculpatory statements to police. We agree with the State that Stevens waived his Fifth Amendment right to counsel during a custodial interrogation. Therefore, we reverse the circuit court’s order suppressing Stevens’ statements, a[...]
2009AP2721 BVB1, LLC v. Investors Bank
Contracts Accord and satisfaction; waiver Even though a lender accepted repayment, it is not barred from enforcing a prepayment penalty, where the borrower sent a letter reserving its right to contest the provision and then did contest it. “InvestorsBank did not consent to defective performance. Instead, InvestorsBank offered to reduce the prepayment penalty in order […]
07-3984 RK Co. v. See
Civil Procedure Real party in interest; waiver An objection that the plaintiff is not the real party in interest must be timely made or it is waived. “The allowance of a reasonable time for the correct party to step into the plaintiff’s role suggests that an ‘objection will be raised when such joinder is practical […]
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