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2010AP798-CR State v. Below
1st-degree reckless homicide Intervening cause Termination of life support is not a defense to homicide. Under Wisconsin law, whether the intervening act was negligent, intentional and/or legally wrongful is irrelevant. The analysis is the same. The State must still prove beyond a reasonable doubt that the defendant’s acts were a substantial factor in producing the […]
2010AP678-CR State v. Jackson
Criminal Procedure Ineffective assistance of counsel It was not ineffective assistance of counsel for an attorney representing a defendant charged with attempted first-degree intentional homicide, not to object to the submission to the jury of recklessly endangering safety while armed as a lesser included offense. “The recklessly endangering safety instruction stated that the offense has [&helli[...]
2009AP3058 State ex rel. Howard v. Schwarz
Parole and Probation Revocation Adam Howard, pro se, appeals an order of the circuit court affirming a Division of Hearings and Appeals decision sustaining revocation of his parole. We conclude that the Division’s decision was appropriate and we affirm the circuit court. Affirmed. This opinion will not be published. 2009AP3058 State ex rel. Howard v. […]
2010AP84 Oneida County v. Collins Outdoor Advertising, Inc.
Property Shoreland zoning A property owner could properly rely on a county’s zoning map to identify the ordinary high water mark of a lake and determine that a proposed sign was outside the county’s zone of shoreland authority. “While the County attempts to shift the inquiry to measurements of the 1,000 foot line, the proper […]
2010AP454 Town of LaFayette v. Balsiger
Insurance Property damage Allen Balsiger appeals a summary judgment determining his maintenance of the Town of Lafayette’s property record cards was not “property damage,” and therefore, no coverage existed under his American Family Mutual Insurance Company policy. Balsiger asserts the circuit court erred by granting summary judgment because there was “property damage,” the damage was [&[...]
2010AP733-CR State v. Crawford
Criminal Procedure Law of the case The State appeals an order suppressing the contents of Anthony Crawford’s duffel bag. In a previous appeal State v. Crawford, No. 2008AP2472-CR, unpublished slip op. (WI App June 23, 2009), this court reversed Crawford’s conviction and directed the circuit court to suppress evidence seized after Crawford’s unlawful arrest. The […]
2010AP1294-CR State v. Evans
Evidence Other acts; expert testimony Joseph Evans appeals from a judgment of conviction for the first-degree intentional homicide of his estranged wife and criminal damage to property. Evans challenges the admissibility of other acts evidence and expert testimony. We reject Evans’ arguments and affirm. Affirmed. This opinion will not be published. 2010AP1294-CR State v. Evans […]
2010AP1567-CR State v. Johnson
1st-degree Intentional Homicide Sufficiency of the evidence Deangelo J. Johnson appeals from a judgment of conviction entered on a jury’s verdict, on one count of first-degree intentional homicide. He contends there is insufficient evidence to support the verdict. We reject this argument and affirm. Affirmed. This opinion will not be published. 2010AP1567-CR State v. Johnson […]
2010AP3040-CR State v. McGee
Motor Vehicles OWI; prior convictions George McGee appeals a judgment convicting him of operating while intoxicated (OWI), fourth offense, and an order denying his motion to collaterally attack one of his prior OWI convictions. Specifically, McGee contends his second OWI conviction cannot be used to enhance his sentence because he did not validly waive his […]
2010AP2191-CR State v. Davis
Search and Seizure Cartilage Where an officer entered a home’s attached garage uninvited, the fruits of the search must be suppressed. “We see no conflict between the Edgeberg and Leutenegger tests. Leutenegger effectively applies the Edgeberg test to the limited circumstance of an attached garage. As a general matter, it is unacceptable for a member […]
2010AP1738 All Cities Privacy Class v. Hartford Fire Ins. Co.
Civil Banking Persons who only received solicitations, but no services, from a mortgage broker cannot recover damages from the surety posted by the broker. “We conclude that the members of the Privacy Class are not ‘persons to whom [All Cities] provided services,’ and, therefore, Hartford is not required to pay the judgment rendered against All […]
2010AP1374 Ellis v. DOA
Employment Worker’s compensation; default judgment Default judgment is unavailable to plaintiffs in worker’s compensation actions when the employer has timely answered. “[W]e first note that nowhere does the statute provide for default judgment. Additionally, § 102.23(1)(e) expressly provides that the administrative order at issue may only be set aside for the following grounds: (1) tha[...]
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