Wisconsin Supreme Court Decisions 2011

State v. Goss  
Date: December 23, 2011
Citation: 2011 WI 104
Docket Number: 2010AP001113-CR

Justia Opinion Summary: Jason Goss was pulled over for a traffic stop, after which the officer discovered that Goss had a revoked license and, due to four prior drunk driving convictions, was subject to a .02 prohibited alcohol content (PAC) st...

260 North 12th St., LLC v. Dep't of Transp.  
Date: December 22, 2011
Citation: 2011 WI 103
Docket Number: 2009AP001557

Justia Opinion Summary: Pursuant to its power of eminent domain, the Wisconsin DOT acquired the property of 260 North 12th Street, LLC and Basil Ryan (collectively, Ryan). A jury awarded Ryan $2,001,725 as just compensation. Over Ryan's objecti...

Office of Lawyer Regulation v. Robert J. Smead
Date: December 20, 2011
Citation: 2011 WI 102
Docket Number: 2011AP000960-D
Office of Lawyer Regulation v. William R. Lamb
Date: December 16, 2011
Citations: 2006 WI 11, 2011 WI 101
Docket Number: 2011AP000049-D
Office of Lawyer Regulation v. Michael J. Pierski
Date: December 7, 2011
Citation: 2011 WI 99
Docket Number: 2010AP003012-D
Office of Lawyer Regulation v. Alexis L. Michael
Date: November 4, 2011
Citation: 2011 WI 96
Docket Number: 2008AP002337-D
Office of Lawyer Regulation v. Ronald K. Niesen
Date: November 4, 2011
Citation: 2011 WI 97
Docket Number: 2011AP000047-D
State v. Domke  
Date: November 1, 2011
Citation: 2011 WI 95
Docket Number: 2009AP002422-CR

Justia Opinion Summary: A jury convicted David Domke of repeatedly sexually assaulting his ten-year-old stepdaughter. Domke moved for postconviction relief and a new trial based on the ineffective assistance of his trial counsel. The circuit co...

State v. Nielsen  
Date: November 1, 2011
Citation: 2011 WI 94
Docket Number: 2010AP000387-CR

Justia Opinion Summary: While representing a criminal defendant on appeal, the Office of the State Public Defender was sanctioned by the court of appeals in a footnote after the court found that the appendix to the assistant state public defend...

Office of Lawyer Regulation v. Craig M. Hunt
Date: October 5, 2011
Citation: 2011 WI 91
Docket Number: 2011AP001139-D
Office of Lawyer Regulation v. Ronald L. Brandt
Date: October 5, 2011
Citation: 2011 WI 92
Docket Number: 2011AP001193-D
OLR v. Thomas E. Warmington
Date: September 20, 2011
Citation: 2011 WI 87
Docket Number: 1997AP000457-D
Office of Lawyer Regulation v. Eric Arthur Forstrom
Date: September 20, 2011
Citation: 2011 WI 88
Docket Number: 2011AP001509-D
Lawyer Regulation System of the State of Wisconsin v. Michael O. Erspamer
Date: August 26, 2011
Citation: 2011 WI 85
Docket Number: 2010AP000112-D
State v. West  
Date: July 26, 2011
Citation: 2011 WI 83
Docket Number: 2009AP001579

Justia Opinion Summary: In 1997, a jury found that Edwin West was a sexually violent person. West was committed under Wis. Stat. 980.08(1), which allows persons committed under chapter 980 to petition for supervised release into the community....

State v. Nordberg  
Date: July 26, 2011
Citation: 2011 WI 84
Docket Number: 2010AP001142

Justia Opinion Summary: In 2001, Glen Nordberg was committed as a sexually violent person pursuant to Wis. Stat. 980. Subsequently, Nordberg submitted several petitions for supervised release or discharge, including a petition in 2009 from whic...

State ex rel. Stupar River L.L.C. v. Town of Linwood Board of Review  
Date: July 22, 2011
Citation: 2011 WI 82
Docket Number: 2009AP000191

Justia Opinion Summary: In 2005, after the Town of Linwood assessed property owned by Stupar River for property tax purposes, Stupar River filed an objection with the town Board of Review, arguing that the 2005 assessment was significantly high...

Dawson v. Town of Jackson  
Date: July 19, 2011
Citation: 2011 WI 77
Docket Number: 2009AP000120

Justia Opinion Summary: Respondents, Dale and Gudrun Dawson and Edward Thomas, applied to the town boards of Cedarburg and Jackson to vacate part of a jointly owned public highway, which was surrounded by land Respondents owned. At a joint meet...

State v. Kandutsch  
Date: July 19, 2011
Citation: 2011 WI 78
Docket Number: 2009AP001351-CR

Justia Opinion Summary: Gregg Kandutsch was convicted for operating a motor vehicle while under the influence of an intoxicant. The evidence was based in large part upon inference from a report generated by an electronic monitoring device (EMD)...

State v. Balliette  
Date: July 19, 2011
Citation: 2011 WI 79
Docket Number: 2009AP000472

Justia Opinion Summary: David Balliette was convicted of, inter alia, homicide by intoxicated use of a motor vehicle. Balliette filed a motion for postconviction relief, raising four claims, including two for ineffective assistance of trial cou...

Covenant Healthcare Sys., Inc. v. City of Wauwatosa  
Date: July 19, 2011
Citation: 2011 WI 80
Docket Number: 2009AP001470

Justia Opinion Summary: Covenant Healthcare, the sole member of a regional medical center that owns an outpatient clinic, constructed a building in the City of Wauwatosa to house the outpatient clinic. Covenant sought a tax exemption with the C...

Casper v. Am. Int'l S. Ins. Co.  
Date: July 19, 2011
Citation: 2011 WI 81
Docket Number: 2007AP000369

Justia Opinion Summary: This case arose out of an accident that occurred when a truck collided with the Casper family's minivan. The Caspers brought suit against several defendants, including the truck driver, his two employers, an employer CEO...

Office of Lawyer Regulation v. James M. Schoenecker
Date: July 15, 2011
Citation: 2011 WI 76
Docket Number: 2011AP000048-D
Madison Metropolitan Sch. Dist. v. Circuit Court for Dane County  
Date: July 14, 2011
Citation: 2011 WI 72
Docket Number: 2009AP002845-W

Justia Opinion Summary: The dispute in this case involved a circuit court's order requiring a school district to develop and implement an educational plan for a juvenile who was adjudged delinquent after the district expelled him from school. T...

State v. Rhodes  
Date: July 14, 2011
Citation: 2011 WI 73
Docket Number: 2009AP000025-CR

Justia Opinion Summary: In this case, the court of appeals reversed Defendant Olu Rhodes's conviction of first-degree intentional homicide and first-degree recklessly endangering safety. Defendant had argued that the circuit court violated his...

Office of Lawyer Regulation v. Christopher A. Mutschler
Date: July 14, 2011
Citation: 2011 WI 74
Docket Number: 2010AP001939-D
Link Snacks, Inc. v. Link  
Date: July 14, 2011
Citation: 2011 WI 75
Docket Number: 2008AP002897

Justia Opinion Summary: This case centered on a dispute between Jack Link and his two sons, Jay and Troy. Jack and Troy filed suit against Jay seeking specific performance of an agreement that would require Jay to surrender his shares in Link S...

State v. Denson  
Date: July 13, 2011
Citation: 2011 WI 70
Docket Number: 2009AP000694-CR

Justia Opinion Summary: After a jury trial, Rickey Denson was found guilty of recklessly endangering safety as a lesser included offense of attempted first-degree intentional homicide and false imprisonment. Denson moved the circuit court for a...

E-Z Roll Off, L.L.C. v. County of Oneida  
Date: July 13, 2011
Citation: 2011 WI 71
Docket Number: 2009AP000775

Justia Opinion Summary: This appeal concerned an agreement between Oneida County and Waste Management for the disposal of municipal solid waste. E-Z Roll Off brought suit against Oneida County, alleging the agreement created an illegal restrain...

DeBoer Transp., Inc. v. Swenson  
Date: July 12, 2011
Citation: 2011 WI 64
Docket Number: 2009AP000564

Justia Opinion Summary: Charles Swenson sustained a work-related injury while working as a driver for deBoer Transportion. Upon returning to work, Swenson completed the company's orientation requirements with the exception a check-ride, which r...

Kilian v. Mercedes-Benz USA, L.L.C.  
Date: July 12, 2011
Citation: 2011 WI 65
Docket Number: 2009AP000538

Justia Opinion Summary: Steven Kilian leased a Mercedes-Benz vehicle with financing by Mercedes-Benz Financial. After the car required numerous repairs, Kilian returned the car to Mercedes-Benz USA and sought a refund under Wisconsin's Lemon La...

McReath v. McReath  
Date: July 12, 2011
Citation: 2011 WI 66
Docket Number: 2009AP000639

Justia Opinion Summary: Tracy McReath filed a petition for divorce from Timothy McReath in circuit court. Upon entering the order of divorce, the circuit court divided the marital property and awarded maintenance to Tracy, ordering that Timothy...

State v. Henley  
Date: July 12, 2011
Citation: 2011 WI 67
Docket Number: 2008AP000697-CR

Justia Opinion Summary: After Dimitri Henley was convicted of five counts of second degree sexual assault, Henley made several attempts to seek a new trial. Henley also moved Justice Roggensack to recuse herself from the review of his case. Rog...

State v. Dimitri Henley
Date: July 12, 2011
Citation: 2011 WI 68
Docket Number: 2008AP000697-CR
Polsky v. Virnich  
Date: July 12, 2011
Citation: 2011 WI 69
Docket Number: 2007AP000203

Justia Opinion Summary: Court-appointed receiver Michael Polsky filed a complaint against defendants Daniel Virnich and Jack Moores, owners and officers of Communications Products, for breach of their fiduciary duties to the corporation after C...

Topolski v. Topolski  
Date: July 8, 2011
Citation: 2011 WI 59
Docket Number: 2009AP002433-FT

Justia Opinion Summary: Patrick and Ellen Topolski were divorced in 1995. Under a marital settlement agreement setting forth division of the parties' property, Patrick was awarded all retirement and pension benefits when received by him less th...

Steffens v. BlueCross BlueShield  
Date: July 8, 2011
Citation: 2011 WI 60
Docket Number: 2009AP001558

Justia Opinion Summary: John Steffens, a beneficiary under an ERISA plan provided by BlueCross, required surgery after an automobile accident. BlueCross paid for a significant portion of Steffens' medical expenses as it was required to do under...

BNP Paribas v. Olsen's Mill, Inc.  
Date: July 8, 2011
Citation: 2011 WI 61
Docket Number: 2009AP001007

Justia Opinion Summary: Olsen's Mill, a grain elevator, and BNP Paribas, the elevator's largest creditor, entered into a voluntary assignment agreement for the benefit of creditors under Wis. Stat. 128 after Olsen's Mill defaulted on its obliga...

State v. Funk  
Date: July 8, 2011
Citation: 2011 WI 62
Docket Number: 2008AP002765-CR

Justia Opinion Summary: After a jury trial, David Funk was found guilty of two counts of sexual assault. The circuit court vacated the jury verdict and ordered a new trial based on its post-trial discovery that one juror had not revealed during...

State v. Gonzalez  
Date: July 8, 2011
Citation: 2011 WI 63
Docket Number: 2009AP001249-CR

Justia Opinion Summary: Defendant Esteban Gonzales was convicted of exposing a child to harmful material. The court of appeals affirmed the judgment of conviction. At issue on appeal was whether Defendant had shown there was a reasonable likeli...

Lake Beulah Management District v. DNR  
Date: July 6, 2011
Citation: 2011 WI 54
Docket Number: 2008AP003170

Justia Opinion Summary: After the Wisconsin Department of Natural Resources (DNR) issued a permit to the village of East Troy to construct a municipal well, two conservancies challenged the DNR's decision to issue the permit without considering...

Lake Beulah Mgmt. Dist. v. Village of East Troy  
Date: July 6, 2011
Citation: 2011 WI 55
Docket Number: 2009AP002021

Justia Opinion Summary: In the Wisconsin Department of Natural Resources (DNR) issued a permit to the village of East Troy to construct a municipal well. Lake Beulah Management District (LBMD) sought a declaratory action in circuit court seekin...

Affeldt v. Green Lake County  
Date: July 6, 2011
Citation: 2011 WI 56
Docket Number: 2009AP002315

Justia Opinion Summary: Appellants David, Joyce, and Alan Affeldt objected to the county's removal of trees and fences along their farm property on a county highway. Appellants sought a judgment declaring that the trees and fences were not with...

Rasmussen v. General Motors Corp.  
Date: July 1, 2011
Citation: 2011 WI 52
Docket Number: 2007AP000035

Justia Opinion Summary: David Rasmussen filed a class-action complaint against several automobile companies, including Nissan Japan and its wholly owned subsidiary, Nissan North America. The complaint alleged that the automobile company defenda...

Bushard v. Reisman  
Date: June 30, 2011
Citation: 2008 WI 48
Docket Number: 2009AP000438

Justia Opinion Summary: In 1995, David Bushard and Steven Reisman formed a partnership called PressEnter. After Bushard dissolved the partnership in 1999 he withdrew from its day-to-day operations. Reisman continued to run day-to-day operations...

State v. Buchanan  
Date: June 29, 2011
Citation: 2011 WI 49
Docket Number: 2009AP002934-CR

Justia Opinion Summary: A state trooper pulled defendant Deandre Buchanan's vehicle over when it was traveling in excess of the posted speed limit. The trooper saw Buchanan make a movement indicating he was putting an item out of sight beneath...

State v. Lamar  
Date: June 29, 2011
Citation: 2011 WI 50
Docket Number: 2008AP002206-CR

Justia Opinion Summary: Defendant Charles Lamar pleaded guilty and was sentenced for aggravated battery and misdemeanor bail jumping, both as a habitual offender, for severely beating his girlfriend. One year later, Lamar filed a motion to with...

Office of Lawyer Regulation v. Kristine A. Peshek
Date: June 24, 2011
Citation: 2011 WI 47
Docket Number: 2011AP000909-D
Office of Lawyer Regulation v. Ann T. Bowe
Date: June 24, 2011
Citation: 2011 WI 48
Docket Numbers: 2010AP002527-D, 2011AP001816-D
Office of Lawyer Regulation v. Ann T. Bowe
Date: June 24, 2011
Citation: 2004 WI 14
Docket Numbers: 2010AP002527-D, 2011AP001816-D
Board of Attorneys Professional Responsibility v. David V. Jennings III
Date: June 23, 2011
Citation: 2011 WI 45
Docket Number: 1992AP003208-D
Office of Lawyer Regulation v. Terrence J. Woods
Date: June 23, 2011
Citation: 2011 WI 46
Docket Number: 2010AP001543-D
State v. St. Martin  
Date: June 22, 2011
Citation: 2011 WI 44
Docket Number: 2009AP001209-CR

Justia Opinion Summary: While she was present in defendant's apartment, police obtained consent from defendant Brian St. Martin's girlfriend to search the attic in defendant's apartment. Defendant, who was in police custody in a police van park...

Office of Lawyer Regulation v. Carlos A. Gamino
Date: June 15, 2011
Citation: 2011 WI 42
Docket Number: 2006AP002430-D
Brethorst v. Allstate Property & Casualty Ins. Co.  
Date: June 14, 2011
Citation: 2011 WI 41
Docket Number: 2008AP002595

Justia Opinion Summary: Wanda Brethorst submitted an uninsured motorist (UM) claim to her insurer, Allstate. Brethorst made a demand for settlement, and Allstate responded with only a partial settlement. Brethorst rejected the offer then filed...

State v. Circuit Court for Dane County
Date: June 14, 2011
Citation: 2011 WI 43
Docket Numbers: 2011AP000613-LV, 2011AP000765-W
Office of Lawyer Regulation v. Willie J. Nunnery
Date: June 7, 2011
Citation: 2011 WI 39
Docket Number: 2009AP000773-D
Office of Lawyer Regulation v. Michael F. Hupy
Date: May 27, 2011
Citation: 2011 WI 38
Docket Number: 2007AP001281-D
Klemm v. American Transmission Co., LLC  
Date: May 26, 2011
Citation: 2011 WI 37
Docket Number: 2009AP002784

Justia Opinion Summary: This case involved litigation expenses under Wis. Stat. 32.28(3)(d) in a condemnation proceeding between defendant and plaintiffs, the condemnees, when defendant initiated condemnation proceedings against the condemnees...

Fischer, Sr, et al. v. Steffen, et al.  
Date: May 24, 2011
Citation: 2011 WI 34
Docket Number: 2009AP001669

Justia Opinion Summary: Plaintiffs, injured in an automobile accident, sought $10,000 from defendant, the driver, the amount received by plaintiffs from plaintiffs' insurer. At issue was whether the circuit court erred in denying plaintiffs a j...

Siebert, et al. v. Wisconsin American Mutual Ins. Co., et al.  
Date: May 24, 2011
Citation: 2011 WI 35
Docket Number: 2009AP001422

Justia Opinion Summary: The driver of a vehicle, owned by the driver's girlfriend's father, in which plaintiff was a passenger, lost control of the vehicle and drove into a ditch wherein the driver and one other passenger were killed and plaint...

Foley-Ciccantelli, et al. v. Bishop's Grove Condominium Assoc., Inc  
Date: May 24, 2011
Citation: 2011 WI 36
Docket Number: 2009AP000688

Justia Opinion Summary: Plaintiffs filed a personal injury slip-and-fall action against defendants and defendants moved to disqualify plaintiffs' attorney. At issue was whether defendants had standing to bring a motion to disqualify plaintiffs'...

State v. Ninham  
Date: May 20, 2011
Citation: 2011 WI 33
Docket Number: 2008AP001139

Justia Opinion Summary: Defendant, 14-years-old at the time of the offense, was convicted of first-degree intentional homicide and physical abuse of a child for the death of a 13-year-old. At issue was whether defendant's sentence of life impri...

In re the termination of parental rights to Gwenevere T.  
Date: May 17, 2011
Citation: 2011 WI 30
Docket Number: 2009AP002973

Justia Opinion Summary: In a termination of a parental rights proceeding, the court of appeals certified questions to the court to resolve the ambiguities and uncertainties regarding the use of Wis. Stat. 48.415 as a ground to terminate parenta...

Emjay Inv. Co. v. Village of Germantown  
Date: May 17, 2011
Citation: 2011 WI 31
Docket Number: 2009AP1714

Justia Opinion Summary: Plaintiff filed an appeal and complaint against defendant where defendant claimed outstanding special assessments that were due and payable in full upon the sale of plaintiff's property. At issue was whether Wis. Stat. 6...

State v. Burris  
Date: May 17, 2011
Citation: 2011 WI 32
Docket Number: 2009AP956-CR

Justia Opinion Summary: Defendant was convicted of first-degree reckless injury while armed and being a felon in possession of a firearm. At issue was whether a fact-finder, in determining whether a defendant acted with utter disregard of human...

State v. Shantell T. Harbor  
Date: May 10, 2011
Citation: 2011 WI 28
Docket Number: 2009AP001252-CR

Justia Opinion Summary: Petitioner sought review of an unpublished decision of the court of appeals affirming a circuit court order denying her postconviction motion. At issue was whether the previously unknown information about petitioner's me...

State v. Marvin L. Beauchamp  
Date: May 3, 2011
Citation: 2011 WI 27
Docket Number: 2009AP806-CR

Justia Opinion Summary: Defendant appealed a conviction of first degree intentional homicide while using a dangerous weapon where the murdered man made statements to an ambulance driver and a police officer before he died that gave a brief desc...

Wendy M. Day v. Allstate Indemnity Company  
Date: April 29, 2011
Citation: 2011 WI 24
Docket Number: 2008AP002929

Justia Opinion Summary: Plaintiff appealed a grant of summary judgment in favor of Allstate Indemnity Company ("Allstate") where plaintiff's claims for coverage stemmed from the death of plaintiff's eight-year-old daughter at her ex-husband's...

State v. Brad E. Forbush  
Date: April 29, 2011
Citation: 2011 WI 25
Docket Number: 2008AP003007-CR

Justia Opinion Summary: Defendant contended that his right to counsel under the Sixth Amendment of the United States Constitution and Article I, Section 7 of the Wisconsin Constitution was violated where he was arrested and charged with attempt...

Office of Lawyer Regulation v. Eric L. Crandall
Date: April 26, 2011
Citation: 2011 WI 21
Docket Number: 2008AP000570-D
State v. Alan Keith Burns
Date: April 26, 2011
Citation: 2011 WI 22
Docket Number: 2009AP000118-CR
Metropolitan Associates v. City of Milwaukee
Date: March 25, 2011
Citation: 2011 WI 20
Docket Number: 2009AP000524
Curt Andersen v. Department of Natural Resources
Date: March 23, 2011
Citation: 2011 WI 19
Docket Number: 2008AP003235
Steve Ottman v. Town of Primrose
Date: March 22, 2011
Citation: 2011 WI 18
Docket Number: 2008AP003182
Office of Lawyer Regulation v. Virginia Rose Ray
Date: March 16, 2011
Citation: 2011 WI 17
Docket Number: 2001AP001784-D
Michael S. Polsky v. Daniel E. Virnich
Date: March 2, 2011
Citation: 2011 WI 13
Docket Number: 2007AP000203
State v. Miguel E. Marinez, Jr.
Date: February 23, 2011
Citation: 2011 WI 12
Docket Number: 2009AP000567-CR
Evelyn Werner v. Kenneth Hendree
Date: February 16, 2011
Citation: 2011 WI 10
Docket Number: 2008AP002045
Evelyn Werner v. Kenneth Hendree
Date: February 16, 2011
Citation: 2011 WI 10
Docket Number: 2009AP002322
BAPR v. Charles Glynn
Date: February 15, 2011
Citation: 2011 WI 9
Docket Number: 1997AP003058-D
State v. Janet A. Conner
Date: February 9, 2011
Citation: 2011 WI 8
Docket Number: 2008AP001296-CR
Brown County Dept. of Human Services v. Brenda B.
Date: February 4, 2011
Citation: 2011 WI 6
Docket Number: 2010AP000321
Office of Lawyer Regulation v. William J. Grogan
Date: February 4, 2011
Citation: 2011 WI 7
Docket Number: 2009AP001830-D
Peter S. Boerst v. Mark Henn
Date: February 3, 2011
Citation: 2011 WI 5
Docket Number: 2009AP001559
Nestle USA, Inc. v. DOR
Date: February 2, 2011
Citation: 2011 WI 4
Docket Number: 2008AP000322
Office of Lawyer Regulation v. James E. Hammis
Date: January 20, 2011
Citation: 2011 WI 3
Docket Number: 2009AP000468-D
Office of Lawyer Regulation v. Frederick J. Voss
Date: January 19, 2011
Citation: 2011 WI 2
Docket Number: 2008AP000182-D
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