Wisconsin Supreme Court Decisions 2013

Phillips v. Parmelee  
Date: December 27, 2013
Citation: 2013 WI 105
Docket Number: 2011AP002608

Justia Opinion Summary: Defendant-sellers obtained a policy from American Family Mutual Insurance Company insuring an apartment building. When preparing for the sale of the building, Defendants signed a real estate condition report stating that...

State v. Bentdahl  
Date: December 27, 2013
Citation: 2013 WI 106
Docket Number: 2012AP001426

Justia Opinion Summary: After refusing to consent to chemical testing to determine his blood alcohol content, Defendant pleaded not guilty to operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentratio...

Office of Lawyer Regulation v. Bridget E. Boyle
Date: December 26, 2013
Citation: 2013 WI 103
Docket Number: 2011AP001767-D
Office of Lawyer Regulation v. Perry H. Friesler
Date: December 26, 2013
Citation: 2013 WI 104
Docket Number: 2013AP001685-D
Office of Lawyer Regulation v. Yuri Bernard Nielsen
Date: December 20, 2013
Citation: 2013 WI 102
Docket Number: 2013AP001720-D
Office of Lawyer Regulation v. John Miller Carroll
Date: December 19, 2013
Citation: 2013 WI 101
Docket Number: 2011AP001820-D
Office of Lawyer Regulation v. Vladimir M. Gorokhovsky
Date: December 17, 2013
Citation: 2013 WI 100
Docket Number: 2012AP000740-D
Office of Lawyer Regulation v. James P. Grenisen
Date: December 13, 2013
Citation: 2013 WI 99
Docket Number: 2012AP002727-D
Office of Lawyer Regulation v. Suzanne M. Smith
Date: December 12, 2013
Citation: 2013 WI 98
Docket Number: 2011AP002946-D
Office of Lawyer Regulation v. Sean D. Cooper
Date: December 10, 2013
Citation: 2013 WI 97
Docket Number: 2012AP002321-D
Office of Lawyer Regulation v. Ronald J. Moore
Date: November 29, 2013
Citation: 2013 WI 96
Docket Number: 2013AP000329-D
Office of Lawyer Regulation v. John J. Doyle
Date: November 27, 2013
Citation: 2013 WI 95
Docket Number: 2013AP001215-D
Milwaukee County v. Mary F.-R.  
Date: November 26, 2013
Citation: 2013 WI 92
Docket Number: 2012AP000958

Justia Opinion Summary: A six-person jury found Milwaukee County met its burden to involuntarily commit Appellant for mental illness treatment under Wis. Stat. 51.20, and the circuit court entered an order that committed Appellant for a period...

Office of Lawyer Regulation v. Michael W. Steinhafel
Date: November 26, 2013
Citation: 2013 WI 93
Docket Number: 2012AP001826-D
Office of Lawyer Regulation v. Randi H. Hubatch
Date: November 26, 2013
Citation: 2013 WI 94
Docket Number: 2013AP001483-D
Madison Teachers, Inc. v. Walker  
Date: November 21, 2013
Citation: 2013 WI 91
Docket Number: 2012AP002067

Justia Opinion Summary: Plaintiffs in this case filed an amended complaint seeking a declaration that certain portions of 2011 Wis. Acts 10 and 32 violated the Wisconsin Constitution and asking for injunctive relief. The circuit court entered a...

Office of Lawyer Regulation v. Robert Paul D'Arruda
Date: November 20, 2013
Citation: 2013 WI 90
Docket Number: 2012AP002338-D
Steve P. v. Maegan F.
Date: November 8, 2013
Citation: 2013 WI 89
Docket Number: 2011AP002887
Nowell v. City of Wausau  
Date: November 6, 2013
Citation: 2013 WI 88
Docket Number: 2011AP001045

Justia Opinion Summary: After a hearing, the City of Wausau decided not to renew Thomas and Suporn Nowell's Class B alcohol license. The circuit court affirmed the City's decision after reviewing the municipal decision under Wis. Stat. 125.12(2...

Village of Elm Grove v. Richard K. Brefka
Date: October 22, 2013
Docket Number: 2011AP002888
Office of Lawyer Regulation v. Mary K. Biester
Date: October 22, 2013
Citation: 2013 WI 85
Docket Number: 2012AP000385-D
Office of Lawyer Regulation v. Sharon A. Riek
Date: July 23, 2013
Citation: 2013 WI 81
Docket Number: 2011AP001049-D
Bostco LLC v. Milwaukee Metro. Sewerage Dist.  
Date: July 18, 2013
Citation: 2013 WI 78
Docket Number: 2007AP001440

Justia Opinion Summary: Bostco LLC and Parisian, Inc. (hereinafter, Bostco) filed a complaint against Milwaukee Metropolitan Sewerage District (MMSD), claiming that MMSD's negligent operation and maintenance of a sewerage tunnel beneath Bostco'...

Showers Appraisals, LLC v. Musson Bros., Inc.  
Date: July 18, 2013
Citation: 2013 WI 79
Docket Number: 2011AP001158

Justia Opinion Summary: Musson Brothers, Inc. was conducting sewer removal and installation as a contractor for the Wisconsin Department of Transportation (DOT) when Mark Showers' property was flooded. Showers filed a complaint against Musson a...

Rock-Koshkonong Lake Dist. v. Wis. Dep't of Natural Res.  
Date: July 16, 2013
Citation: 2013 WI 74
Docket Number: 2008AP001523

Justia Opinion Summary: Several entities filed a petition to raise the water levels of Lake Koshkonong designated by the Wisconsin Department of Natural Resources (DNR). The DNR rejected the petition, and an ALJ affirmed. The circuit court and...

State v. Deadwiller  
Date: July 16, 2013
Citation: 2013 WI 75
Docket Number: 2010AP002364-CR

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of second-degree sexual assault by use of force. Defendant appealed, contending that his right to confrontation was violated when the circuit court allowed a stat...

Mudlaff v. McLeod  
Date: July 16, 2013
Citation: 2013 WI 76
Docket Number: 2011AP001177

Justia Opinion Summary: Joseph McLeod, Decedent's husband, filed a petition for formal administration of Decedent's estate and his appointment as personal representative. McLeod also asserted his right to a share of Decedent's estate. Patricia...

Waller v. Am. Transmission Co.  
Date: July 16, 2013
Citation: 2013 WI 77
Docket Number: 2012AP000840

Justia Opinion Summary: Defendant condemned a pair of easements on the residential property of Plaintiffs to facilitate the placement of high-voltage transmission lines. Plaintiffs filed a right-to-take action, arguing that because the proposed...

State v. Starks  
Date: July 12, 2013
Citation: 2013 WI 69
Docket Number: 2010AP000425

Justia Opinion Summary: After a jury trial, Defendant was convicted of reckless homicide and possession of a firearm by a felon. Defendant's convictions were affirmed on direct appeal. Defendant subsequently filed a motion pursuant to Wis. Stat...

State v. Alexander  
Date: July 12, 2013
Citation: 2013 WI 70
Docket Number: 2011AP000394-CR

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree intentional homicide. Defendant subsequently sought postconviction relief, arguing that his constitutional and statutory rights were violated when the trial jud...

Schinner v. Gundrum  
Date: July 12, 2013
Citation: 2013 WI 71
Docket Number: 2011AP000564

Justia Opinion Summary: Defendant hosted an underage drinking party in which one of the guests known to become belligerent when intoxicated assaulted and seriously injured another guest. The victim sued Defendant and his insurer (Insurer) for d...

United Concrete & Constr., Inc. v. Red-D-Mix Concrete, Inc.  
Date: July 12, 2013
Citation: 2013 WI 72
Docket Number: 2011AP001566

Justia Opinion Summary: Plaintiff purchased certain batches of concrete from Defendant that were allegedly defective. Plaintiff used the concrete to pour outdoor installations at various properties. When problems arose with the installations, s...

State v. Edler  
Date: July 12, 2013
Citation: 2013 WI 73
Docket Number: 2011AP002916-CR

Justia Opinion Summary: Defendant was a suspect in two arsons committed in a nearby town. On March 30, a detective met with Defendant and asked him about the two arsons. Defendant requested counsel, and the detective ceased questioning him. On...

Xcel Energy Servs., Inc. v. Labor & Ind. Review Comm'n  
Date: July 11, 2013
Citation: 2013 WI 64
Docket Number: 2011AP000203

Justia Opinion Summary: After receiving a work-related injury during his employment by Employer, Employee applied for worker's compensation benefits. An ALJ ordered that further medical procedures were required to determine whether Employee was...

State v. Melton  
Date: July 11, 2013
Citation: 2013 WI 65
Docket Number: 2011AP001771-CR

Justia Opinion Summary: Defendant pled guilty to two felonies. The Department of Corrections prepared a presentence investigation report (PSI) to assist in Defendant's sentencing, but when the circuit court and the parties received the PSI, Def...

Rosecky v. Schissel  
Date: July 11, 2013
Citation: 2013 WI 66
Docket Number: 2011AP002166

Justia Opinion Summary: David and Marcia Rosecky entered into a parentage agreement (agreement) with Monica and Cory Schissel under which the parties agreed that Monica would become pregnant and carry a child for the Roseckys. Through artificia...

Outagamie County v. Melanie L.  
Date: July 11, 2013
Citation: 2013 WI 67
Docket Number: 2012AP000099

Justia Opinion Summary: The Outagamie County petitioned for Melanie L.'s mental heath commitment. The circuit court granted the petition and committed Melanie to the County's custody for six months. The court also issued an order for involuntar...

Manitowoc County v. Samuel J. H.  
Date: July 11, 2013
Citation: 2013 WI 68
Docket Number: 2012AP000665

Justia Opinion Summary: Samuel J.H. was committed to the care and custody of the County Human Services Department. After Samuel's initial placement in outpatient care, the Department transferred him to an inpatient facility because of his errat...

State v. Burton  
Date: July 10, 2013
Citation: 2013 WI 61
Docket Number: 2011AP000450-CR

Justia Opinion Summary: Defendant pleaded guilty to two counts of attempted first-degree intentional homicide. Defendant had previously entered pleas of not guilty by reason of mental disease or defect but later withdrew the not guilty pleas as...

Tufail v. Midwest Hospitality, LLC  
Date: July 10, 2013
Citation: 2013 WI 62
Docket Number: 2011AP001451

Justia Opinion Summary: Amjad Tufail leased property to Midwest Hospitality pursuant to a lease agreement. The City Board of Zoning Appeals ultimately approved Midwest's application for a special use permit to operate a Church's Chicken fast-fo...

In re Sheila W.  
Date: July 10, 2013
Citation: 2013 WI 63
Docket Number: 2012AP000500

Justia Opinion Summary: Petitioner was a minor diagnosed with aplastic anemia. Petitioner opposed any life-saving blood transfusions on religious grounds. Petitioner's parents supported her position. The circuit court ultimately appointed a tem...

Brown v. Acuity, A Mut. Ins. Co.  
Date: July 9, 2013
Citation: 2013 WI 60
Docket Number: 2011AP000583

Justia Opinion Summary: Petitioners commenced this action against Defendants - a voluntary firefighter (Firefighter), the fire department of which Firefighter was a member, and their insurers - alleging that Firefighter negligently caused their...

Park Bank v. Westburg  
Date: July 3, 2013
Citation: 2013 WI 57
Docket Number: 2010AP003158

Justia Opinion Summary: Defendants executed guaranty contracts in order to secure financing to run their business operations. Bank subsequently commenced foreclosure proceedings on the business. Afterwards, Bank commenced an action against Defe...

State v. Neumann  
Date: July 3, 2013
Citation: 2013 WI 58
Docket Number: 2011AP001044-CR

Justia Opinion Summary: Mother and Father chose to treat their eleven-year-old daughter's undiagnosed illness with prayer rather than medicine. Their daughter subsequently died from diabetic ketoacidosis resulting from untreated juvenile onset...

State v. Samuel Curtis Johnson, III
Date: July 3, 2013
Citation: 2013 WI 59
Docket Number: 2011AP002864-CRAC
Beidel v. Sideline Software, Inc.  
Date: July 2, 2013
Citation: 2013 WI 56
Docket Number: 2011AP000788

Justia Opinion Summary: Plaintiff was a minority shareholder in Defendant, a company that served the fantasy football league market. Plaintiff sought specific performance of the stock repurchase agreement that he and the majority shareholder ha...

Village of Elm Grove v. Brefka  
Date: June 26, 2013
Citation: 2013 WI 54
Docket Number: 2011AP002888

Justia Opinion Summary: Defendant was arrested for operating a vehicle while intoxicated and refused a chemical test to ascertain his blood alcohol concentration. Defendant filed a request for a refusal hearing but did not file his request with...

Office of Lawyer Regulation v. Patrick M. Cooper
Date: June 26, 2013
Citation: 2013 WI 55
Docket Number: 2012AP002334-D
State v. Sobczak  
Date: June 20, 2013
Citation: 2013 WI 52
Docket Number: 2010AP003034-CR

Justia Opinion Summary: Defendant was charged with possession of child pornography. Defendant moved to suppress the seized evidence, claiming that law enforcement violated his Fourth Amendment rights by entering his residence and viewing suspic...

State v. Steffes  
Date: June 20, 2013
Citation: 2013 WI 53
Docket Number: 2011AP000691-CR

Justia Opinion Summary: Defendant was charged and convicted of two counts of conspiracy to commit theft by fraud of property in excess of $10,000. The charges stemmed from Defendant's conspiracy, while in prison, that defrauded AT&T out of appr...

State v. Sahs  
Date: June 18, 2013
Citation: 2013 WI 51
Docket Number: 2009AP002916-CR

Justia Opinion Summary: Defendant was convicted of possession of child pornography after making incriminating statements to his probation agent. The statements led directly to Defendant's conviction. Defendant appealed the circuit court's denia...

Paul Davis Restoration of Se. Wis., Inc. v. Paul Davis Restoration of Ne. Wis.  
Date: June 4, 2013
Citation: 2013 WI 49
Docket Number: 2011AP001121

Justia Opinion Summary: This case arose from territory-related disputes between two franchisees, Paul Davis Restoration of S.E. Wisconsin, Inc. (Southeast) and Paul Davis Restoration of Northeast Wisconsin (Northeast). The results of an arbitra...

Office of Lawyer Regulation v. Boris Ouchakof
Date: May 29, 2013
Citation: 2013 WI 48
Docket Number: 2002AP000875-D
State v. Beamon  
Date: May 29, 2013
Citation: 2013 WI 47
Docket Number: 2010AP002003-CR

Justia Opinion Summary: After a jury trial, Defendant was convicted of fleeing or attempting to elude a traffic officer. Defendant appealed, contending that the jury instructions given in this case required the State to prove beyond a reasonabl...

Office of Lawyer Regulation v. Walter W. Stern, III
Date: May 21, 2013
Citation: 2013 WI 46
Docket Number: 2013AP000149-D
Office of Lawyer Regulation v. Stephen M. Compton
Date: May 17, 2013
Citation: 2013 WI 42
Docket Number: 2010AP001118-D
Johnson v. Masters  
Date: May 17, 2013
Citation: 2013 WI 43
Docket Number: 2011AP001240

Justia Opinion Summary: Petitioner and Respondent were divorced according to a judgment of divorce filed on July 20, 1989. The judgment awarded Petitioner half the value of Respondent's pension accrued during the span of the marriage and stated...

Office of Lawyer Regulation v. William F. Mross
Date: May 17, 2013
Citation: 2013 WI 44
Docket Number: 2012AP000406-D
Office of Lawyer Regulation v. Anne E. Brown
Date: May 17, 2013
Citation: 2013 WI 45
Docket Number: 2013AP000732-D
Office of Lawyer Regulation v. Jon E. Stanek
Date: May 16, 2013
Citation: 2013 WI 41
Docket Number: 2013AP000133-D
Office of Lawyer Regulation v. Barry LeSieur
Date: May 3, 2013
Citation: 2013 WI 39
Docket Number: 2007AP002763-D
Office of Lawyer Regulation v. Alan D. Eisenberg
Date: May 2, 2013
Citation: 2013 WI 37
Docket Number: 2009AP000284-D
State v. Travis  
Date: May 2, 2013
Citation: 2013 WI 38
Docket Number: 2011AP000685-CR

Justia Opinion Summary: Defendant pled guilty to first-degree sexual assault with a child. Defendant was convicted to a violation of Wis. Stat. 948.02(1)(d). The court of appeals ordered the judgment of conviction to be amended in accordance wi...

Office of Lawyer Regulation v. Maria J. Schreier
Date: April 30, 2013
Citation: 2013 WI 35
Docket Number: 2012AP000366-D
Office of Lawyer Regulation v. Joseph M. Engl
Date: April 30, 2013
Citation: 2013 WI 36
Docket Number: 2013AP000314-D
State v. Taylor  
Date: April 23, 2013
Citation: 2013 WI 34
Docket Number: 2011AP001030-CR

Justia Opinion Summary: Defendant pled no contest to charges of uttering a forgery as a repeater. The circuit court sentenced Defendant to a six-year term of imprisonment for the conviction. Defendant subsequently filed a motion for postconvict...

Office of Lawyer Regulation v. David A. Goluba
Date: April 17, 2013
Citation: 2013 WI 32
Docket Number: 2010AP001348-D
State v. Lonkoski  
Date: April 9, 2013
Citation: 2013 WI 30
Docket Number: 2010AP002809-CR

Justia Opinion Summary: Defendant pleaded guilty and was convicted of child abuse-recklessly causing great bodily harm and neglecting a child resulting in the child's death. Defendant's appealed the denial of his motion to suppress statements h...

Office of State Pub. Defender v. Court of Appeals  
Date: April 9, 2013
Citation: 2013 WI 31
Docket Number: 2012AP000544-W

Justia Opinion Summary: Assistant State Public Defender Steven Grunder was appointed as postconviction counsel for Michael Buchanan. On Buchanan's behalf, Grunder successfully filed a motion with the court of appeals seeking permission to cite...

Marlowe v. IDS Prop. Cas. Ins. Co.  
Date: April 5, 2013
Citation: 2013 WI 29
Docket Number: 2011AP002067

Justia Opinion Summary: Plaintiffs filed a claim with their insurer (Insurer) for underinsured motorist benefits after a car accident. Pursuant to a provision of the insurance policy, the parties submitted the dispute to an arbitration panel. P...

Office of Lawyer Regulation v. Jeffrey A. Reitz
Date: March 29, 2013
Citation: 2013 WI 27
Docket Number: 2010AP001576-D
Dane County Dep't of Human Servs. v. Mable K.  
Date: March 29, 2013
Citation: 2013 WI 28
Docket Number: 2011AP000826

Justia Opinion Summary: Dane County filed amended petitions for the termination of Mable K.'s parental rights of her two children, alleging a continuing need of protection or services and abandonment. On the second day of a fact-finding hearing...

Office of Lawyer Regulation v. Richard J. Podell
Date: March 22, 2013
Citation: 2013 WI 25
Docket Number: 2012AP000371-D
Office of Lawyer Regulation v. Eric S. Brittain
Date: March 22, 2013
Citation: 2013 WI 26
Docket Number: 2012AP001245-D
Office of Lawyer Regulation v. Victor M. Arellano
Date: March 21, 2013
Citation: 2013 WI 24
Docket Number: 2011AP000443-D
State v. Novy  
Date: March 14, 2013
Citation: 2013 WI 23
Docket Number: 2011AP000409-CR

Justia Opinion Summary: After a jury trial, Defendant was convicted of stalking, bail jumping, and violating a harassment injunction. Defendant appealed, contending (1) the trial court erred when it allowed the State to use certain fingerprint...

Office of Lawyer Regulation v. Joan M. Boyd
Date: February 21, 2013
Citation: 2013 WI 20
Docket Number: 2012AP001977-D
Office of Lawyer Regulation v. John R. Dade
Date: February 21, 2013
Citation: 2013 WI 21
Docket Number: 2012AP002318-D
Office of Lawyer Regulation v. Robert J. Smead
Date: February 20, 2013
Citation: 2013 WI 19
Docket Number: 2012AP001590-D
Wisconsin Judicial Commission v. David T. Prosser, Jr.
Date: February 13, 2013
Docket Number: 2012AP000566-J
State v. Brereton  
Date: February 6, 2013
Citation: 2013 WI 17
Docket Number: 2010AP001366-CR

Justia Opinion Summary: Law enforcement officers installed a GPS device on Defendant's vehicle and monitored the vehicle pursuant to a warrant. The warrant was based on witness reports that a car matching the description of Defendant's vehicle...

Bethke v. Auto-Owners Ins. Co.  
Date: February 1, 2013
Citation: 2013 WI 16
Docket Number: 2010AP003153

Justia Opinion Summary: Petitioners sought underinsured motorist coverage (UIM) under a policy issued by Auto-Owners Insurance Company (Owners) as a result of an automobile accident caused by an allegedly negligent driver of a rental vehicle ow...

City of Menasha v. Gracia  
Date: January 31, 2013
Citation: 2013 WI 15
Docket Number: 2011AP000814

Justia Opinion Summary: Defendant pleaded no contest to operating a motor vehicle with a prohibited alcohol content, fourth offense. Defendant appealed, challenging the circuit court's denial of his suppression motion and collaterally attacking...

State v. Avery  
Date: January 30, 2013
Citation: 2013 WI 13
Docket Number: 2010AP001952

Justia Opinion Summary: A jury convicted Defendant of two counts of robbery, party to a crime. Twelve years later, Defendant filed a motion for postconviction relief, arguing that he was entitled to a new trial on the basis of newly discovered...

Office of Lawyer Regulation v. Donald A. Hahnfeld
Date: January 30, 2013
Citation: 2013 WI 14
Docket Number: 2011AP001570-D
Office of Lawyer Regulation v. Everett E. Wood
Date: January 25, 2013
Citation: 2013 WI 11
Docket Number: 2011AP001626-D
Office of Lawyer Regulation v. Sherman Ward Hackbarth
Date: January 25, 2013
Citation: 2013 WI 12
Docket Number: 2012AP000668-D
Office of Lawyer Regulation v. Benjamin J. Harris
Date: January 23, 2013
Citation: 2013 WI 8
Docket Number: 2011AP000478-D
Office of Lawyer Regulation v. Lisa A. Webber Hicks
Date: January 23, 2013
Citation: 2013 WI 9
Docket Number: 2012AP001947-D
Jamerson v. Dep't of Children & Families  
Date: January 10, 2013
Citation: 2013 WI 7
Docket Number: 2011AP000593

Justia Opinion Summary: Petitioner's child care license was revoked by the Department of Children and Families pursuant to Wis. Stat. 48.685(5)(br), the "caregiver law," which permanently bars those who have ever been convicted of specified pre...

Juneau County Star-Times v. Juneau County  
Date: January 8, 2013
Citation: 2013 WI 4
Docket Number: 2010AP002313

Justia Opinion Summary: This case stemmed from litigation against Juneau County relating to an employee of the county sheriff's department. The County's defense was conducted by a law firm, which was retained to represent the County by the Coun...

State v. Lemoine  
Date: January 8, 2013
Citation: 2013 WI 5
Docket Number: 2010AP002597-CR

Justia Opinion Summary: Defendant was charged with first degree sexual assault of a child. Prior to trial, Defendant moved to suppress statements he made during an undisputedly non-custodial interrogation, claiming they were involuntary. The ci...

Office of Lawyer Regulation v. Matthew C. Siderits
Date: January 4, 2013
Citation: 2013 WI 2
Docket Number: 2011AP000259-D
Office of Lawyer Regulation v. Eva E. Ritter
Date: January 4, 2013
Citation: 2013 WI 3
Docket Number: 2011AP001469-D
Estate of Hopgood v. Boyd  
Date: January 3, 2013
Citation: 2013 WI 1
Docket Number: 2011AP000914

Justia Opinion Summary: This case arose out of an automobile accident involving a vehicle owned by the State and driven by Respondent. Petitioners were the estate of Danny Hopgood and individuals who suffered injuries arising from the accident....

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