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WI Court of Appeals Digest

Mar 15, 2022

Postconviction Relief – Jury Instructions

Daniel Lewer appeals from a judgment convicting him of operating while intoxicated (7th, 8th or 9th offense) and from a circuit court order denying his postconviction motion alleging plain error relating to the jury instruction for “operating” and ineffective assistance of trial counsel.

Mar 15, 2022

Abuse of Discretion – Juvenile Sex Offender Registration

K.B.W. appeals from a circuit court order requiring him to comply with juvenile sex offender registration requirements for a period of fifteen years.

Mar 15, 2022

Unlawful-stop Claim – Reasonable Suspicion – Suppression of Evidence

Randy Promer appeals a judgment convicting him of one count of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, as a seventh offense, and one count of possession of methamphetamine.

Mar 15, 2022

Recreational Immunity – Issue of Material Fact

Katherine Baumel sued Michael Frear, Kari Frear, and Deer Tail Lodge, LLC (collectively, “the Lodge”), along with the Lodge’s insurer, after she tripped and fell on the Lodge’s property.

Mar 15, 2022

Ineffective Assistance of Counsel

Shayne Trudelle appeals a judgment of conviction, following a jury trial, of multiple crimes.

Mar 15, 2022

Ineffective Assistance of Counsel

Mychael Hatcher appeals from the denial of his WIS. STAT. § 974.06 (2019-20), postconviction motion.

Mar 15, 2022

Suppression of Evidence – Blood Test

Mark Miller appeals from a judgment of conviction for fifth-offense operating a motor vehicle while intoxicated (OWI), and from the denial of his reconsideration motion.

Mar 15, 2022

Divorce – Property Division

Darci Meeuwsen, pro se, appeals postdivorce orders regarding property division.

Mar 10, 2022

Involuntary Commitment and Medication

In April 2020, the circuit court ordered P.P. to be subject to an involuntary mental health commitment and an involuntary medication or treatment order pursuant to WIS. STAT. ch. 51. P.P. challenges only the involuntary medication or treatment order, arguing that the evidence was insufficient to meet Rock County’s burden of proof by clear and convincing evidence.

Mar 10, 2022

Eviction – Landlord-tenant Relationship

In this small claims action, Andrea and Eric Olmanson appeal the circuit court’s dismissal of their only claims against Brenda Weits, one for eviction and one for trespass.

Mar 10, 2022

ALJ Error – Amended Permit

The Department of Natural Resources (Department) issued to Meteor Timber, LLC, a permit (the permit or the initial permit) and, some months later, an amended permit (the amended permit) allowing Meteor Timber to fill wetlands for purposes of constructing a facility for drying and storing industrial sand and an associated facility for loading the sand onto rail cars and shipping the sand by rail.

Mar 10, 2022

Abuse of Discretion – Maintenance Termination

When James Murphy and Nancy Holland divorced in 2010, Holland was awarded indefinite spousal maintenance as a percentage of Murphy’s income.

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