Wisconsin Supreme Court Decisions 2016

Democratic Party of Wisconsin v. Wisconsin Department of Justice  
Date: December 28, 2016
Docket Number: 2014AP002536-FT

Justia Opinion Summary: The research director for the Democratic Party of Wisconsin submitted a public records request to the Wisconsin Department of Justice (DOJ) requesting certain documents and recordings of presentations made at various tra...

Regency West Apartments LLC v. City of Racine  
Date: December 22, 2016
Docket Number: 2014AP002947

Justia Opinion Summary: Regency West Apartments sued the City of Racine to recover refunds from allegedly excessive taxation for tax years 2012 and 2013. The circuit court dismissed Regency West’s claims. The court of appeals affirmed. At issue...

State v. Weber  
Date: November 29, 2016
Docket Number: 2014AP000304-CR

Justia Opinion Summary: Defendant was convicted of drunk driving, possession of marijuana, and possession of drug paraphernalia. The court of appeals reversed the circuit court’s order denying Defnednat’s motion to suppress, concluding that the...

Office of Lawyer Regulation v. Margaret Bach
Date: November 29, 2016
Docket Number: 2015AP001958-D
Office of Lawyer Regulation v. Jevon Jones Jaconi
Date: November 18, 2016
Docket Number: 2003AP002039-D
Office of Lawyer Regulation v. John Hotvedt
Date: November 18, 2016
Docket Number: 2016AP000048-D
Office of Lawyer Regulation v. Richard A. Kranitz
Date: November 8, 2016
Docket Number: 2013AP002128-D
Office of Lawyer Regulation v. Craig E. Vance
Date: October 26, 2016
Docket Number: 2015AP000655-D
Office of Lawyer Regulation v. Stephen B. Manion
Date: October 21, 2016
Docket Number: 2016AP001080-D
Office of Lawyer Regulation v. Ismael Gonzalez
Date: October 20, 2016
Docket Number: 2016AP000971-D
OLR v. Gregory M. Lunde
Date: October 18, 2016
Docket Number: 2015AP002414-D
OLR v. Michael F. Bishop
Date: October 18, 2016
Docket Number: 2016AP000358-D
Office of Lawyer Regulation v. Harvey N. Jones
Date: October 18, 2016
Docket Number: 2016AP001204-D
Office of Lawyer Regulation v. Thor Templin
Date: October 12, 2016
Docket Number: 2016AP000051-D
Office of Lawyer Regulation v. Mary K. Biester
Date: July 22, 2016
Docket Number: 2012AP000385-D
Office of Lawyer Regulation v. Matthew H. Marx
Date: July 22, 2016
Docket Number: 2016AP000101-D
Office of Lawyer Regulation, v. Diane R. Caspari
Date: July 19, 2016
Docket Number: 2016AP000617-D
Office of Lawyer Regulation v. John Kenyatta Riley
Date: July 15, 2016
Docket Number: 2010AP002942-D
OLR v. Scott E. Selmer
Date: July 15, 2016
Docket Number: 2015AP002303-D
Office of Lawyer Regulation v. Othman M. Atta
Date: July 14, 2016
Docket Number: 2014AP002150-D
State v. Lynch  
Date: July 13, 2016
Docket Number: 2011AP002680-CR

Justia Opinion Summary: This case required the Supreme Court to reexamine State v. Shiffra, modified by State v. Green, (hereinafter Shiffra/Green), under which a defendant can acquire a complainant’s privileged mental health treatment records...

State ex rel. Singh v. Kemper  
Date: July 13, 2016
Docket Number: 2013AP001724

Justia Opinion Summary: Defendant was convicted and sentenced under 2009 Wis. Act 28, which allowed inmates the opportunity to earn “positive adjustment time,” by which inmates could obtain early release from prison. 2011 Wis. Act 38 retroactiv...

State v. Loomis  
Date: July 13, 2016
Docket Number: 2015AP000157-CR

Justia Opinion Summary: Defendant pleaded guilty to attempting to flee a traffic officer and operating a motor vehicle without the owner’s consent. Defendant’s presentence investigation report included an attached COMPAS risk assessment, an evi...

State v. Finley  
Date: July 12, 2016
Docket Number: 2014AP002488-CR

Justia Opinion Summary: Defendant pleaded no contest to first-degree recklessly endangering safety as domestic abuse. In the plea colloquy accepting Defendant’s plea, the circuit court misstated the potential punishment if Defendant were convic...

Lands' End, Inc. v. City of Dodgeville  
Date: July 12, 2016
Docket Number: 2015AP000179

Justia Opinion Summary: This case was one of several cases involving litigation between Lands’ End and the City of Dodgeville challenging the City’s property tax assessment of Lands’ End’s headquarters. In 2009, Lands’ End made an offer of sett...

City of Eau Claire v. Booth  
Date: July 12, 2016
Docket Number: 2015AP000869

Justia Opinion Summary: In 1990, Defendant was convicted in Minnesota of a first-offense operating while intoxicated (OWI). In 1992, the Eau Claire County Circuit Court entered a civil forfeiture judgment against Defendant for another first-off...

BAPR v. Jane A. Edgar
Date: July 8, 2016
Docket Number: 1999AP000062-D
Office of Lawyer Regulation v. Jane A. Edgar
Date: July 8, 2016
Docket Number: 2002AP002962-D
Office of Lawyer Regulation v. William J. Spangler
Date: July 8, 2016
Docket Number: 2014AP002633-D
Office of Lawyer Regulation v. Peter J. Kovac
Date: July 8, 2016
Docket Number: 2015AP000654-D
Blake v. Jossart  
Date: July 6, 2016
Docket Number: 2012AP002578

Justia Opinion Summary: Wis. Act 76 substantially changed the circumstances under which the Department of Children and Families (DCF) may license and certify childcare providers in Wisconsin. One provision in the new law, Wis. Stat. 48.685(5)(b...

State v. Gayton  
Date: July 6, 2016
Docket Number: 2013AP000646-CR

Justia Opinion Summary: Defendant pleaded no contest to homicide by intoxicated use of a vehicle and operating without a license, causing death. The convictions arose after Defendant killed an individual while he was driving under the influence...

Dufour v. Progressive Classic Ins. Co.  
Date: July 6, 2016
Docket Number: 2014AP000157

Justia Opinion Summary: Plaintiff, the insured of Dairyland, sustained bodily injury and property damage while operating his motorcycle. After paying plaintiff all proceeds to which he was entitled under the Dairyland policy, and after plaintif...

Office of Lawyer Regulation v. Godfrey Y. Muwonge
Date: July 1, 2016
Docket Number: 2007AP000776-D
State v. Jackson  
Date: July 1, 2016
Docket Number: 2014AP002238-CR

Justia Opinion Summary: Defendant was charged with first-degree intentional homicide. Defendant moved to suppress her incriminating statements made during a six-hour interrogation conducted without a Miranda warning and evidence of the search o...

Marks v. Houston Cas. Co.  
Date: June 30, 2016
Docket Number: 2013AP002756

Justia Opinion Summary: From 2007 to 2009, a number of lawsuits involving Plaintiff, the trustee of two trusts, were filed throughout the country. Plaintiff asked his professional liability insurer, Houston Casualty Company, to defend him in th...

Water Well Solutions Serv. Group Inc. v. Consolidated Ins. Co.  
Date: June 30, 2016
Docket Numbers: 2014AP002484, 2014AP002484

Justia Opinion Summary: Water Well, which was insured under a commercial general liability primary policy (CGL policy) with Consolidated Insurance Company, was sued by Argonaut Insurance Company. The complaint alleged that Water Well and its em...

Fontana Builders, Inc. v. Assurance Co. of Am.  
Date: June 29, 2016
Docket Number: 2014AP000821

Justia Opinion Summary: The complex insurance coverage dispute arose out of a 2007 fire that destroyed portions of a home that was still under construction. Fontana Builders, Inc., the construction contractor, and James and Suzy Accola, the occ...

State v. McKellips  
Date: June 28, 2016
Docket Number: 2014AP000827-CR

Justia Opinion Summary: At issue in this case was whether an element of Wis. Stat. 948.075(1r) - use of a “computerized communication system” - was satisfied when Defendant used his cell phone to exchange texts with, and receive picture message...

Milwaukee Police Ass’n v. City of Milwaukee  
Date: June 23, 2016
Docket Number: 2014AP000400

Justia Opinion Summary: Since 1938, the City of Milwaukee has required its city employees to comply with a residency requirement. The residency requirement is set forth in section 5-02 of the City’s charter. In 2013, the Legislature enacted Wis...

John Doe 56 v. Mayo Clinic Health System - Eau Claire Clinic, Inc.  
Date: June 23, 2016
Docket Number: 2014AP001177

Justia Opinion Summary: Minors John Doe 56 and John Doe 57 and their parents filed suit against Dr. Van de Loo and related entities, claiming medical malpractice. Specifically, the Does alleged that they were sexually assaulted during a medical...

Prince Corp. v. Vandenberg  
Date: June 23, 2016
Docket Numbers: 2014AP002295, 2014AP002097

Justia Opinion Summary: In 1997, James Vandenberg and three other individuals (collectively, the intervenors) acquired real estate as tenants-in-common. During the time they owned the property, James accumulated personal debts resulting in encu...

State v. Sulla  
Date: June 14, 2016
Docket Number: 2013AP002316-CR

Justia Opinion Summary: Defendant and the State entered into a plea agreement under which Defendant would plead no contest to certain counts brought against him, while other counts would be dismissed and read into the record for purposes of sen...

Office of Lawyer Regulation v. Matthew S. MacLean
Date: June 3, 2016
Docket Number: 2015AP001433-D
Wisconsin v. Salinas  
Date: May 26, 2016
Docket Number: 2013AP002686-CR

Justia Opinion Summary: The issue this case presented for the Wisconsin Supreme Court's review was whether the Circuit Court erred when it granted the State's motion to join intimidation charges involving two victims, a mother and her daughter,...

Office of Lawyer Regulation v. James G. Moldenhauer
Date: May 24, 2016
Docket Number: 2015AP001966-D
Wisconsin v. LeMere  
Date: May 20, 2016
Docket Number: 2013AP002433-CR

Justia Opinion Summary: The charges of first-degree sexual assault against defendant-appellant Stephen LeMere arose out of events that occurred after a gathering in the Eau Claire on Friday evening, May 13, 2011, at the home of J.C. and his wif...

Moustakis v. Wisconsin Department of Justice  
Date: May 20, 2016
Docket Number: 2014AP001853

Justia Opinion Summary: The circuit court dismissed an action brought by Vilas County District Attorney Albert Moustakis who sought to restrain the Wisconsin Department of Justice from releasing records pertaining to Moustakis in response to a...

Office of Lawyer Regulation v. Stuart F. Roitburd
Date: May 20, 2016
Docket Number: 2014AP002801-D
Coyne v. Walker  
Date: May 18, 2016
Docket Number: 2013AP000416

Justia Opinion Summary: At issue in this case was 2011 Wisconsin Act 21 (Act 21), which, among other things, amended portions of Wis. Stat. ch. 227, which governs the procedures for administrative rule making and allows the Governor and the Sec...

Joshua E. Jarrett v. Board of Bar Examiners
Date: May 18, 2016
Docket Number: 2015AP001393-BA
Office of Lawyer Regulation v. Charles A. Boyle
Date: May 18, 2016
Docket Number: 2015AP002100-D
Office of Lawyer Regulation v. James E. Gatzke
Date: May 17, 2016
Docket Number: 2013AP001918-D
Office of Lawyer Regulation v. Raymond M. Clark
Date: May 17, 2016
Docket Number: 2014AP002366-D
Sorenson v. Batchelder  
Date: May 12, 2016
Docket Number: 2014AP001213

Justia Opinion Summary: Plaintiff sustained personal injury and property damage in a car accident with Defendant, a State employee. Plaintiff delivered notice of claim to the attorney general by personal service and then instituted a negligence...

St. Croix County Dep’t of Health & Human Servs. v. Michael D.  
Date: May 12, 2016
Docket Number: 2014AP002431

Justia Opinion Summary: St. Croix County petitioned to terminated Mother’s parental rights to her Son, alleging that Son was a child in continuing need of protection or services (CHIPS) and that Mother failed to assume parental responsibility....

Office of Lawyer Regulation v. Marc G. Kurzman
Date: May 10, 2016
Docket Number: 2016AP000307-D
Office of Lawyer Regulation v. Edward W. Matchett
Date: May 10, 2016
Docket Number: 2016AP000318-D
Walworth State Bank v. Abbey Springs Condo. Ass’n  
Date: April 29, 2016
Docket Number: 2014AP000940

Justia Opinion Summary: Abbey Springs Condominium Association, Inc. and Abbey Springs, Inc. (collectively, Abbey Springs) have a policy forbidding both current and subsequent unit owners from utilizing recreational facilities until unpaid condo...

Office of Lawyer Regulation v. Michael J. Hicks
Date: April 29, 2016
Docket Number: 2014AP002818-D
State v. Lagrone  
Date: April 22, 2016
Docket Number: 2013AP001424-CR

Justia Opinion Summary: Defendant pleaded not guilty by reason of mental disease or defect to strangulation and suffocation and related crimes. After a plea hearing, the parties agreed that Defendant would plead guilty to all five criminal coun...

Office of Lawyer Regulation v. James M. Schoenecker
Date: April 22, 2016
Docket Number: 2015AP000275-D
Yasmine Clark v. American Cyanamid Company
Date: April 15, 2016
Docket Number: 2014AP000775
Office of Lawyer Regulation v. Bradford A. Borman
Date: April 15, 2016
Docket Number: 2016AP000217-D
State v. Smith  
Date: April 7, 2016
Docket Number: 2013AP001228-CR

Justia Opinion Summary: Defendant was convicted of second-degree sexual assault and sentenced to twenty-five years of confinement and fifteen years of extended supervision. Defendant subsequently moved to vacate the judgment of conviction, asse...

S. A. M. v. Meister  
Date: April 7, 2016
Docket Number: 2014AP001283

Justia Opinion Summary: After Mother and Father divorced, Grandmother filed a motion seeking to visit her four grandchildren. The circuit court ultimately denied the motion, concluding that Grandmother failed to prove that she maintained “a par...

Roberts v. T.H.E. Insurance Co.  
Date: March 30, 2016
Docket Number: 2014AP001508

Justia Opinion Summary: Patti Roberts was injured at a charity event sponsored by Green Valley Enterprises when she was waiting in line to ride in a hot air balloon and was struck by the balloon’s basket. Sundog Ballooning, LLC was the owner an...

Office of Lawyer Regulation v. Thor Templin
Date: March 29, 2016
Docket Number: 2015AP000284-D
Office of Lawyer Regulation v. Leonard G. Adent
Date: March 29, 2016
Docket Number: 2015AP002032-D
State v. Tourville  
Date: March 15, 2016
Docket Numbers: 2014AP001251-CR, 2014AP001250-CR, 2014AP001249-CR, 2014AP001248-CR

Justia Opinion Summary: In four separate, unrelated cases, Appellant was charged with seventeen criminal counts. Pursuant to a single plea agreement, Appellant pleaded guilty or no-contest to felony theft as a party to a crime, felony bail jump...

OLR v. John O. Waters
Date: March 9, 2016
Docket Number: 2015AP001649-D
Wis. Pharmacal Co., LLC v. Neb. Cultures of Cal., Inc.  
Date: March 1, 2016
Docket Numbers: 2013AP000687, 2013AP000613

Justia Opinion Summary: The underlying coverage dispute arose from the supplying of a defective ingredient for incorporation into Wisconsin Pharmacal Company (Pharmacal) probiotic supplement tablets. Pharmacal brought this action against Jeneil...

United Food & Commercial Workers Union v. Hormel Foods Corp.  
Date: March 1, 2016
Docket Number: 2014AP001880

Justia Opinion Summary: United Foods & Commercial Workers Union, Local 1473 filed a class action against Hormel Foods Corporation alleging that Hormel violated Wisconsin wage and hour laws by failing to pay employees for time spent putting on a...

Office of Lawyer Regulation v. Stuart F. Roitburd
Date: February 26, 2016
Docket Number: 2014AP002801-D
Burgraff v. Menard, Inc.  
Date: February 24, 2016
Docket Number: 2013AP000907

Justia Opinion Summary: Kenneth Burgraff was injured when an employee of Menard, Inc. loaded materials onto Burgraff’s trailer using a forklift. Burgraff sued Menard for damages. Burgraff’s vehicle and trailer were insured under a policy issued...

State v. Parisi  
Date: February 24, 2016
Docket Number: 2014AP001267-CR

Justia Opinion Summary: Defendant pled no contest to possession of narcotic drugs. Defendant appealed, challenging the denial of his motion to suppress a warrantless draw of his blood. Later testing of Defendant’s blood indicated the presence o...

Office of Lawyer Regulation v. Michael J. Hicks
Date: February 17, 2016
Docket Number: 2014AP000007-D
State v. Matalonis  
Date: February 10, 2016
Docket Number: 2014AP000108-CR

Justia Opinion Summary: Police obtained evidence of marijuana production in Defendant’s home while investigating the source of injuries sustained by Defendant’s brother. Defendant was subsequently charged with possession of drug paraphernalia,...

Office of Lawyer Regulation v. Patrick A. Callahan
Date: February 10, 2016
Docket Number: 2015AP001984-D
State v. Warren Jamaal Wells
Date: February 4, 2016
Docket Number: 2012AP000149
Hoffer Props., LLC v. State  
Date: February 4, 2016
Docket Number: 2012AP002520

Justia Opinion Summary: The Department of Transportation (DOT) eliminated Hoffer Properties, LLC’s direct driveway connections to a controlled-access highway and separately exercised its power of eminent domain to acquire .72 acres of Hoffer’s...

Office of Lawyer Regulation v. Walter W. Stern, III
Date: February 4, 2016
Docket Number: 2013AP000149-D
State v. Valadez  
Date: January 28, 2016
Docket Numbers: 2014AP000680, 2014AP000679, 2014AP000678

Justia Opinion Summary: Defendant pleaded guilty to various drug-related offenses in three separate cases. The circuit court’s colloquies with Defendant failed to adhere to Wis. Stat. 971.08(1)(c) because neither of the circuit courts warned De...

State v. Dumstrey  
Date: January 15, 2016
Docket Number: 2013AP000857-CR

Justia Opinion Summary: Defendant was stopped by police inside the parking garage underneath his apartment building and subsequently arrested for operating while intoxicated. Defendant filed a motion to suppress, arguing that his Fourth Amendme...

Winnebago County v. Christopher S.  
Date: January 5, 2016
Docket Numbers: 2014AP001048, 2014AP001048

Justia Opinion Summary: While Christopher S. was serving his sentence for mayhem, Winnebago County filed a petition for the involuntary commitment of Christopher for mental health care under Wis. Stat. 51.20(1)(ar). The County also filed a peti...

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