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CaseLaw Express
Week of October 19, 2009

 Supreme Court Cases
  • Attorney Discipline

    Office of Lawyer Regulation v. Trudgeon
    Docket: 2008AP002558 10-20-09
    PER CURIAM. We review the report and recommendation of the referee, Michael F. Dubis, that Attorney Michael C. Trudgeon receive a public reprimand and bear the costs of this proceeding. The Office of Lawyer Regulation (OLR) filed an eight-count complaint against Attorney Trudgeon alleging professional misconduct in two client matters. Attorney Trudgeon did not file an answer.
 Court of Appeals Cases
  • Criminal Law/ Evidence

    State v. Bero
    Docket: 2009AP000071 10-20-09
    PER CURIAM. Daniel Bero appeals a judgment convicting him of two counts of exposing children to harmful material. He argues the State presented insufficient evidence to establish that he exhibited the materials to the children because he did not offer the magazines to them, but merely acquiesced in their viewing of the pornography. We reject that argument and affirm the judgment.
  • Criminal Law/ Ineffective Assistance Of Counsel

    State v. Davis
    Docket: 2008AP002135 10-22-09
    PER CURIAM. Adam Davis appeals a judgment convicting him of child enticement and using a computer to facilitate a sex crime. He also appeals an order denying postconviction relief. The issue is whether he received effective assistance of trial counsel. We affirm.
  • Criminal Law/ Juries/ Forfeiture Of Rights/ Attorney Fees

    State v. Trusty
    Docket: 2008AP002117 10-22-09
    LUNDSTEN, J.[1] Jeremy Trusty appeals the circuit court judgment convicting him of disorderly conduct after a jury trial. I affirm the judgment.
  • Criminal Law/ Motor Vehicle Law/ Traffic Stops/ Reasonable Suspicion/ Evidence/ Constitutional Law

    State v. Krueger
    Docket: 2008AP002588 10-20-09
    PER CURIAM. The State appeals an order granting Steven Krueger's motion to suppress evidence gained as the result of an investigatory stop of Krueger's vehicle. The State contends the circuit court erred by concluding the police officer lacked reasonable suspicion for the stop. We agree and therefore reverse the order.
  • Criminal Law/ Pleas/ Plea Withdrawal/ Complaints/ Statutes/ Evidence

    State v. Bloecher
    Docket: 2009AP000999 10-21-09
    NEUBAUER, P.J.[1] Karl C. Bloecher appeals from a judgment of conviction for criminal trespass to a dwelling and misdemeanor bail jumping. Bloecher pled no contest to both offenses, but subsequently moved for postsentence plea withdrawal on grounds that: (1) he had contested the factual basis for the plea during allocution, (2) his plea was involuntary due to his subjective belief that he was the target of a police department conspiracy, and (3) the plea was invalid insofar as it was based on a defective criminal complaint. He additionally appeals from the trial court order denying his Wis. Stat. Rule 809.30 motion for postconviction relief. Because we conclude that his pleas were properly entered and he forfeited his right to challenge the complaint, we affirm the judgment and postconviction order.
  • Criminal Law/ Self Defense/ Jury Instructions/ Evidence/ Appeals

    State v. Turnage
    Docket: 2008AP001174 10-22-09
    PER CURIAM. Johnny Turnage appeals from a judgment of conviction and an order denying postconviction relief. An important part of the record is missing, and we conclude that the record has not been adequately reconstructed to the required standard of beyond reasonable doubt. Therefore, we reverse the judgment and order.
  • Insurance/ Contracts/ Underinsured Motorist

    Sawotka v. American Merchants Casualty
    Docket: 2009AP001429 10-20-09
    PER CURIAM. Kristin Sawotka appeals a declaratory judgment and an order dismissing her underinsured motorist (UIM) coverage case.[1] The circuit court dismissed the case after American Merchants Casualty Company paid the statutory minimum $50,000 limit after stipulating to UIM coverage in Sawotka's umbrella policy. Sawotka argues the court erroneously concluded the stipulation did not incorporate the $1,000,000 policy limit. We agree and reverse and remand for further proceedings.
  • Juvenile Law/ Delinquent/ Traffic Stops/ Reasonable Suspicion/ Evidence/ Constitutional Law/ Search & Seizure

    State v. Rodney L.
    Docket: 2009AP001565 10-20-09
    BRUNNER, J.[1] Rodney L. appeals a judgment adjudicating him delinquent resulting from his guilty plea to possession of a controlled substance with intent to deliver at or near a park under Wis. Stat. § 961.49(1m)(b)1. Although we conclude that law enforcement's temporary detention and protective frisk of Rodney were supported by reasonable suspicion, we hold that a second search following the initial protective frisk was unlawful. We therefore reverse the dispositional order and remand for further proceedings consistent with this opinion.
  • LIRC/ Employment Law/ Disability/ Evidence/ Administrative Law Judge

    Rural Mutual Insurance v. L.I.R.C.
    Docket: 2008AP002908 10-22-09
    PER CURIAM. Rural Mutual Insurance Company appeals from the order of the circuit court that affirmed the decision of the Labor & Industry Review Commission that Javier Ramos was permanently and totally disabled. Rural Mutual argues that the Commission erred when it made this determination because its factual findings were based on speculation and not credible evidence. Because we conclude that there was credible and substantial evidence to support the Commission's findings, we affirm.
  • OWI/ Traffic Stops/ Reasonable Suspicion

    Village of Siren v. DeMoe
    Docket: 2009AP000793 10-20-09
    HOOVER, P.J.[1] Nicholas DeMoe appeals a judgment of conviction for operating while intoxicated, first offense. DeMoe argues the traffic stop was not supported by reasonable suspicion. We reject DeMoe's argument and affirm.
  • Property/ Adverse Possession/ Evidence

    Phelps v. Phelps
    Docket: 2009AP000557 10-20-09
    PER CURIAM. Bruce Phelps appeals a judgment dismissing his adverse possession claim against Harvey and Karen Phelps. Bruce argues the circuit court erred when it concluded he did not prove he adversely occupied the disputed land. We agree. We therefore reverse and remand with directions for the circuit court to grant judgment in Bruce's favor.
  • Property/ Sales/ Contracts/ Summary Judgment/ Intentional Misrepresentation/ Sham Affidavit

    Atkins v. Hagen
    Docket: 2009AP001129 10-22-09
    PER CURIAM. Roy A. Atkins appeals from the order granting summary judgment to Michael P. Hagen d/b/a Pride of America Camping Resort and Pride of America, Inc. (hereafter "Hagen"). Pursuant to this court's order of May 29, 2009, the case was placed on the expedited appeals calendar and the parties have submitted memo briefs. See Wis. Stat. Rule 809.17 (2007-08).[1] We reverse the judgment of the circuit court and remand the matter to that court for proceedings consistent with this decision.
Links
Also of Interest
Attorney general responds to partial summary judgment motion filed in 'diploma privilege' suit
The Wisconsin Attorney General called "premature" a partial summary judgment motion and request for permanent injunctive relief against the administration of the Multistate Bar Exam and any other examination questions testing federal law, the Uniform Commercial Code, or common law principles. More

Justices seek standard to judge offensive racial remarks during oral arguments in ‘baby mama’ case
The Wisconsin Supreme Court also asked whether a defendant should demonstrate that a judge’s offensive comments affected the sentence imposed. More

State Bar’s ADR section tells lawmakers proposed mediation for home foreclosure raises issues
The Alternative Dispute Resolution Section submitted testimony to lawmakers considering a bill to grant distressed homeowners a right to mediation in foreclosure. The section sought to ensure the mediator remains neutral in whatever procedure lawmakers adopt. More

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