Wisconsin Court of Appeals

May 18, 2011

2010AP1785 Aldrich v. LIRC

Wisconsin Court of Appeals CIVIL PUBLISHED Employment Discrimination; issue preclusion Where a discrimination claim filed with the EEOC was found untimely, the same claim filed with the ERD is also […]

May 13, 2011

Clearly erroneous standard of review applies

On May 11, the Wisconsin Court of Appeals held that the trial court’s ruling must be affirmed unless it is clearly erroneous.

Apr 28, 2011

2009AP3133 Rubedor v. Kopp

Torts Medical malpractice; informed consent Ty Rubedor appeals a judgment and order following a jury verdict finding in favor of Dr. Douglas Kopp on Rubedor’s claim that Dr. Kopp failed […]

Apr 28, 2011

2010AP890 Thelen v. Cremer

Property Misrepresentation; property condition report; economic loss doctrine Daniel and Suzanne Thelen entered into an agreement with the Thomas and Delores Cremer Revocable Trust for the purchase of commercial property. […]

Apr 28, 2011

2010AP1486 Dane County v. Kelly M.

Civil Commitment Treatment; fifth standard Civil commitment is available under the fifth standard for individuals who have dual diagnoses — a diagnosis of mental illness and, in addition, a diagnosis […]

Apr 27, 2011

2010AP1255-CR State v. Benz

Criminal Procedure Speedy trial The State appeals from an order dismissing the criminal prosecution against Mary K. Benz due to the denial of Benz’s right to a speedy trial. The […]

Apr 27, 2011

2010AP2321-CR State v. Resch

Motor Vehicles OWI; reasonable suspicion Allen L. Resch appeals from his third offense conviction of operating a motor vehicle while intoxicated in violation of Wis. Stat. §§ 346.63(1)(a) and 346.65(2)(am)3. […]

Apr 27, 2011

2010AP2704-FT 2671, LLC v. Plymouth Glass Co., LLC.

Property Bailments Plymouth Glass Co., LLC appeals from a small claims judgment. The circuit court entered a replevin judgment in favor of 2671 LLC after it found that Plymouth Glass […]

Apr 27, 2011

2010AP2061 Fond du Lac County v. Helen E.F.

Civil Commitment Alzheimer’s disease Alzheimer’s disease is not a qualifying mental condition for commitment pursuant to Chapter 51. “[T]he primary purpose of Wis. Stat. ch. 51 is to provide treatment […]

Apr 27, 2011

2010AP1188 State v. Richard

Sexually Violent Persons Discharge hearings A research paper contending that sex offenders are less likely to recommit as they get older is insufficient to entitle a sexually violent person to […]

Apr 27, 2011

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. […]

Apr 27, 2011

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 […]