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Week of December 28, 2009
Supreme Court Cases
Attorney Discipline Office of Lawyer Regulation v. MaynardDocket: 2008AP000417 12-29-09 PER CURIAM. We review the recommendation of Referee Michael Ash that Attorney John R. Maynard's professional misconduct warrants a 90-day suspension of his license to practice law in Wisconsin and that he bear the costs of these disciplinary proceedings. The Office of Lawyer Regulation's (OLR) four-count disciplinary complaint alleged Attorney Maynard failed to notify his former law firm of payments for legal services that he received and deposited in his personal account. The complaint also alleged Attorney Maynard made false and misleading communications when he failed to identify his "of counsel" status when he used law firm stationery and when he represented on a postal application that he was a principal of the law firm. The referee concluded the OLR proved three of the four counts charged in the disciplinary complaint.
Insurance/ Statutes/ Dog Bites/ Liability/ Statutory Construction-Interpretation/ Damages/ Public Policy/ Ownership Pawlowski v. American Family MutualDocket: 2007AP002651 12-29-09 SHIRLEY S. ABRAHAMSON, C.J. This is a review of a published decision of the court of appeals reversing a judgment of the Circuit Court for Winnebago County, Thomas J. Gritton, Judge. The circuit court granted summary judgment to the defendants, American Family Mutual Insurance Company and their insured, Nancy L. Seefeldt (collectively referred to as Ms. Seefeldt), against the plaintiffs, Colleen Pawlowski and her husband, Thomas Pawlowski. The circuit court concluded that there were no genuine issues of material fact and that Ms. Seefeldt was not a "keeper" of a dog, that is, that she was not a statutory owner of the dog under Wis. Stat. § 174.02 (2007-08) at the time of the dog bite incident. According to the circuit court, Ms. Seefeldt was not exercising control over the dog at the time of the dog bite incident. The circuit court concluded that Ms. Seefeldt is not liable to the plaintiffs for damages under the statute. The circuit court also concluded that judicial public policy precluded liability.
Court of Appeals Cases
Contracts/ Summary Judgment/ Medical Treatment Vanhierden v. SwelstadDocket: 2009AP000544 12-30-09 Recommended for PublicationBRIDGE, J. Ronald VanHierden brought suit against Dr. Jack Swelstad and the Injured Patients and Families Compensation Fund for breach of contract due to Dr. Swelstad's failure to cure VanHierden's pain. The circuit court granted Dr. Swelstad's motion for summary judgment, ruling as a matter of law that no contract to cure was formed. We agree and therefore affirm.
Criminal Law/ Constitutional Law/ Right To Counsel/ Miranda/ Evidence State v. ForbushDocket: 2008AP003007 12-29-09 Recommended for PublicationPETERSON, J. Brad Forbush was represented by an attorney on charges of sexual assault and false imprisonment. Nevertheless, the police questioned him and he confessed. State v. Dagnall, 2000 WI 82, 236 Wis. 2d 339, 612 N.W.2d 680, held that the Sixth Amendment prohibits police from questioning someone represented by an attorney on criminal charges without the attorney present. So the circuit court suppressed Forbush's confession.
Criminal Law/ Evidence Columbia County v. LounsburyDocket: 2009AP001880 12-30-09 VERGERONT, J. Jason Lounsbury appeals from the order finding him guilty of disorderly conduct, in violation of the Columbia County ordinance adopting WIS. STAT. § 947.01, and imposing a forfeiture of $154.50. The primary issue on appeal is whether there was sufficient evidence for the court to find that he engaged in disorderly conduct. We conclude there was and we therefore affirm.
Criminal Law/ Evidence/ Right To Confront/ New Trial/ Constitutional Law-Due Process/ Hearsay State v. AndersonDocket: 2007AP002338 12-30-09 PER CURIAM. Derek Anderson, formerly known as Andrew Krnak, appeals a judgment, entered upon a jury's verdict, convicting him of first-degree intentional homicide. Anderson also appeals the order denying his motion for postconviction relief. Anderson argues: (1) the admission of hearsay evidence violated his right to confrontation; (2) the trial court violated his due process rights by allowing the jury to consider whether the police altered evidence; and (3) the trial court erred by admitting expert testimony regarding mass murderers. Anderson also claims he is entitled to a new trial in the interest of justice. We reject Anderson's arguments and affirm the judgment and order.
Criminal Law/ Evidence/ Statutes/ New Trial/ Mistrial State v. GabelbauerDocket: 2008AP003159 12-30-09 PER CURIAM. Harry Gabelbauer appeals from a judgment of conviction of two counts of repeated sexual assault of the same child. He argues that his statements were involuntary and so closely associated with a computerized voice stress analysis (CVSA) that they should have been suppressed and that a pretrial ruling to limit other bad acts evidence was violated. He also seeks a new trial in the interests of justice on the ground that the real controversy was not fully and fairly tried. We reject his claims and affirm the judgment of conviction.
Criminal Law/ Ineffective Assistance Of Counsel/ New Trial State v. BosmanDocket: 2009AP000737 12-29-09 PER CURIAM. Joel Bosman appeals a judgment of conviction for eight counts of theft as party to the crime, and an order denying his motion for postconviction relief. Bosman argues his counsel was ineffective for failing to investigate and present certain witnesses. We agree. Bosman is therefore entitled to a new trial.
Criminal Law/ Motor Vehicle Law/ Traffic Stops/ Evidence/ Search & Seizure State v. GuntherDocket: 2008AP003089 12-30-09 PER CURIAM. Patrick Gunther appeals from a judgment convicting him of possession of tetrahydrocannabinols (second or subsequent offense) contrary to WIS. STAT. § 961.41(3g)(e) (2007-08), and possession of drug paraphernalia contrary to WIS. STAT. § 961.573(1). On appeal, Gunther challenges the denial of his motion to suppress drug evidence located during a search of a vehicle in which he was a passenger after a traffic stop for speeding. We agree with the circuit court that the use of a police dog to sniff the vehicle's exterior while the traffic officer finished writing a warning for speeding did not extend the seizure associated with the traffic stop. The drug evidence subsequently located inside the vehicle was lawfully obtained. We affirm the judgment.
Family Law/ Divorce/ Contempt/ Due Process/ Judicial Authority-Discretion/ Support/ Evidence Schuh v. AL-OthmanDocket: 2008AP001095 12-29-09
Schuh v. AL-Othman
Docket: 2008AP001730 12-29-09 PER CURIAM. Hamed Al-Othman appeals from an order of contempt and a judgment of divorce and raises three issues. Hamed argues the circuit court: (1) denied procedural due process when it expedited the divorce trial date; (2) erroneously exercised its discretion by refusing to adjourn the trial; and (3) erroneously found him in contempt of the court's orders. We reject his arguments and affirm.
Family Law/ TPR/ Pleas/ Knowingly, Voluntarily & Intelligently/ Plea Withdrawal Eau Claire County v. Brandy H.Docket: 2009AP001357 12-29-09
Eau Claire County v. Brandy H.
Docket: 2009AP001358 12-29-09 PETERSON, J., Brandy H. appeals orders terminating her parental rights and an order denying her request to withdraw her no contest plea. Brandy argues her plea was not knowing and intelligent. We affirm.
Judgments/ Garnishments/ Full Faith & Credit/ Constitutional Law-Due Process/ Foreign Forum/ Pre Judgment Interest/ Laches/ Property/ Contracts/ Statutes Orlando Residence L.T.D. v. NelsonDocket: 2008AP002989 12-30-09
Orlando Residence L.T.D. v. Nelson
Docket: 2009AP000856 12-30-09 LUNDSTEN, J. These cases arise from Orlando Residence's efforts to collect on a Tennessee judgment against Kenneth Nelson. As part of those efforts, Orlando Residence obtained a judgment in Wisconsin based on the Tennessee judgment. Kenneth and his wife, Susan Nelson, appeal the Wisconsin judgment along with an order denying relief from the judgment. The Nelsons argue that the Tennessee judgment is not entitled to full faith and credit, that the Wisconsin judgment should be modified because it is based on an incorrect interest calculation, that laches bars Orlando Residence from reaching Susan's separate property, and that assets titled in Susan's name are her separate property. We affirm the judgment and order.
Jurisdiction/ Housing/ Final Order/ Timeliness/ Statutes Black v. City of KenoshaDocket: 2009AP002368 12-30-09 Recommended for PublicationPER CURIAM. Lolita Black appeals from a "Final Order" that dismisses the complaint on its merits and states that it is a final order for purposes of appeal. The record discloses an earlier "Decision and Order" that also dismisses the action on its merits. We questioned which order triggered the time for appeal and required the parties to submit memoranda addressing whether the appeal was timely filed. We conclude that the appeal is timely filed from the final disposition made by the "Final Order" which states that it is final for purposes of appeal.
Landlord-Tenant/ Contracts/ Eviction Marant Apartments v. BaezDocket: 2009AP001075 12-29-09 BRUNNER, J. Mary Baez appeals from a judgment finding her liable for $1,130.50 in rent for two months during which Integrated Community Services, administrator of the Brown County Housing Authority's Housing Choice Voucher Program, found Marant Apartments, LLC, noncompliant with federal housing quality standards and refused to remit rent payments on Baez's behalf. We conclude Baez cannot be liable for the unpaid rent and reverse.
Property/ Taxation Assessment/ Valuation/ Towns & Cities Stupar River L.L.C. v. Town of LinwoodDocket: 2009AP000191 12-30-09 PER CURIAM. Stupar River LLC appeals the order of the circuit court that affirmed the decision of the Town of Linwood Board of Review. Stupar River argues that property it owns was over-assessed in the years 2003, 2004, and 2005. In support of this argument, it asserts that the property was properly assessed at its fair market value in 2006 and 2007 and, since that assessment was lower than the assessments for the years 2003 through 2005, the earlier assessments must be too high. Because we conclude that the assessor's decision to reduce the assessment in 2006 was based on a reason independent of the fair market value of the property, we affirm the order of the circuit court.
Summary Judgment/ Corporations/ Statutes/ Parties/ Standing/ Estoppel Vang v. ThaoDocket: 2008AP003224 12-30-09 PER CURIAM. Alex Thor, Fuechou Thao, Marlys Macken, Quoa Her and Vankham Souannoy appeal from a summary judgment decision removing them from the Board of Directors of United Asian Services of Wisconsin. We affirm for the reasons discussed below.
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Also of Interest
Court of appeals urges inclusion of finality statements in orders resolving disputes
Court of Appeals reminds judges and litigants of the need to include an explicit statement indicating that an order or judgment is final for purposes of appeal. More
Woman liable for injury caused by houseguest’s dog, Wisconsin Supreme Court says
Supreme Court says that one who provides shelter for another person’s dog falls within the statute imposing strict liability for the animal’s harm to others. More
Retention of counsel no longer bars police interrogation, says court of appeals
Court of Appeals held that a defendant’s incriminating statements are not excluded under the Sixth Amendment following the U.S. Supreme Court’s recent reinterpretation of the right to counsel. More
Detaining person with handcuffs requires facts indicating threat to officer
Court of Appeals held that handcuffs elevate the intrusiveness of a detention, increasing the state’s burden of showing the detention was reasonable. More

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