Having trouble viewing the email below? View this issue online.
CaseLaw Express
Week of January 3, 2010


 Supreme Court Cases
  • Attorney Discipline

    Office of Lawyer Regulation v. Davison
    Docket: 1992AP002445 01-07-10
    PER CURIAM. Jimmie G. Davison has appealed a referee's report recommending the denial of Attorney Davison's petition for reinstatement of his license to practice law in Wisconsin. We agree with the referee that Attorney Davison has failed to demonstrate by clear, satisfactory, and convincing evidence that his conduct since the revocation has been exemplary and above reproach. The Office of Lawyer Regulation (OLR) has filed a cross-appeal, asserting that the referee's stated reasons for recommending against Attorney Davison's reinstatement are not broad enough. We agree with the OLR and also conclude that Attorney Davison has failed to demonstrate by clear, satisfactory, and convincing evidence that he has the moral character to practice law in Wisconsin and has also failed to prove that his resumption of the practice of law will not be detrimental to the administration of justice or subversive of the public interest. Consequently, we deny Attorney Davison's petition for reinstatement and direct him to pay the costs of the reinstatement proceeding, which are $8,944.03 as of October 27, 2009.
 Court of Appeals Cases
  • Contracts/ Summary Judgment/ Medical Treatment

    Vanhierden v. Swelstad
    Docket: 2009AP000544E 01-05-10
  • Criminal Law/ Evidence/ Delinquent/ Statutes

    State v. Devon H.
    Docket: 2009AP001927 01-05-10
    FINE, J. Devon H. appeals the order adjudicating him delinquent for committing the crime of first-degree sexual assault of a child. See WIS. STAT. § 948.02(1). He claims that there was insufficient evidence to support the trial court's finding of guilt. We affirm.
  • Criminal Law/ Evidence/ Hearings/ Search & Seizure/ Traffic Stops/ Constitutional Law

    State v. Williams
    Docket: 2009AP000501 01-05-10
    State v. Williams
    Docket: 2009AP000501E 01-07-10
    BRENNAN, J. Leneral Louis Williams appeals from a judgment entered after a jury found him guilty of one count of possession of a firearm by a felon, contrary to WIS. STAT. § 941.29(2) (2005-06) and from a postconviction order denying his motion to reverse the trial court's denial of his motion to suppress. He further contends that the postconviction judge erred in deciding his motion without a hearing. We reject Williams's assertions and affirm.
  • Criminal Law/ Ineffective Assistance Of Counsel/ New Trial

    State v. Jacob L.G.
    Docket: 2008AP001135 01-06-10
    PER CURIAM. Jacob L. G. appeals from a judgment convicting him of repeated first-degree sexual assault of the same child and from an order denying his motion for postconviction relief seeking a new trial due to ineffective assistance of trial counsel or, in the alternative, in the interest of justice. We conclude that trial counsel's performance, while less than ideal, does not undermine our confidence in the verdict. We also are satisfied that the real controversy was fully and fairly tried. We affirm.
  • Declaratory Judgment/ Roads & Highways/ Statutes/ Statutory Construction-Interpretation/ Estoppel/ Summary Judgment/ Certiorari

    Dawson v. Town of Jackson
    Docket: 2009AP000120 01-06-10
    Recommended for Publication
    SNYDER, J. The Town of Cedarburg appeals from a declaratory judgment in favor of Dale and Gudrun Dawson and Edward Thomas (the Dawsons). The Dawsons sought to discontinue a portion of a town highway shared by Cedarburg and the Town of Jackson. Jackson approved, Cedarburg did not. Cedarburg contends that the Dawsons should have sought certiorari review under WIS. STAT. § 82.15 (2007-08) rather than bringing an action for declaratory judgment. It also contends that the circuit court incorrectly interpreted the way town board member votes should be counted when boards act under WIS. STAT. § 82.21, which sets forth the procedure to lay out, alter, or discontinue a town highway that is situated on the line between one town and another. Cedarburg further asserts that the Dawsons' current position on how votes should be counted is inconsistent with their prior actions; therefore, equitable estoppel bars their claim. We disagree with Cedarburg and we affirm the declaratory judgment.
  • Employment Law/ Wages/ Default Judgment/ Constitutional Law-Equal Protection/ Constitutional Law-Due Process/ Judicial Authority-Discretion/ Administrative Code/ Jury Instructions/ New Trial

    Perkins v. R.G.I.S.
    Docket: 2008AP003024 01-05-10
    BRUNNER, J. Robert Perkins appeals from a judgment dismissing his action against RGIS, LLC, for unpaid wages allegedly earned during his employment. Perkins challenges the jury verdict and order of dismissal on seven grounds. We affirm.
  • Inmates/ Probation/ Sentencing/ Sentencing Modification/ Habeas Corpus/ Waiver Of Issue

    Huber v. Schwarz
    Docket: 2009AP000119 01-05-10
    PER CURIAM. Robert Huber, pro se, appeals from an order denying his petition for writ of certiorari directed to a decision of David W. Schwarz, Administrator, Division of Hearings and Appeals (the Division), in which the Division denied Huber's request to vacate a 2000 order revoking his probation. Because the time for review of that revocation order has long since passed, we affirm the circuit court's order.
  • Landlord-Tenant/ Damages/ Liability/ Misrepresentation/ Attorney Fees/ Contracts/ Default Judgment/ Statute Of Limitations

    Berryman v. Agrawal
    Docket: 2008AP001439 01-07-10
    PER CURIAM. Meera and Basheal Agrawal appeal judgments awarding Nestor Rodriguez $9,112.67 from Meera based on misrepresentation, and holding Basheal jointly and severally liable for $2,447.50 of that amount based on Rodriguez's satisfaction of a judgment in favor of their landlord, Frank Berryman. Some of the issues raised on appeal relate to the earlier judgment in favor of Frank Berryman, although no appeal was taken from that judgment. Also, the Agrawals' arguments on appeal rely on mischaracterization of the circuit's court's decision, facts outside the record, and allegations the circuit court found not credible. Rodriguez has filed a motion for attorney fees on the ground that this appeal is frivolous. We conclude that the appeal is frivolous because the Agrawals should have known that their arguments lack merit. We affirm the judgments and remand the matter to the circuit court to award the reasonable attorney fees Rodriguez incurred in this appeal.
  • Legal Malpractice/ Breach Of Fiduciary Duty/ Misrepresentation/ Damages

    Bartz v. Edmonds
    Docket: 2009AP000262 01-05-10
    BRENNAN, J. Michael D. Bartz, proceeding pro se, filed a complaint against his former attorney, Michael J. Edmonds, for legal malpractice, fraudulent misrepresentation, and breach of fiduciary duty. All of Bartz's claims relate to Edmonds's representation of Bartz in a federal habeas corpus action following Bartz's state court conviction for first-degree intentional homicide. Before the circuit court, Bartz alleged that Edmonds's failure to notify him of the federal district court's denial of his habeas corpus petition caused Bartz to incur litigation expenses and to lose the ability to appeal the denial of his petition (which he asserts would have led to his acquittal or a lesser homicide charge). Edmonds responded that Bartz's claims should be dismissed because Bartz lacked any credible evidence to support his claims and Bartz failed to show his actual innocence, as required by state law. The circuit court agreed with Edmonds and dismissed Bartz's claims. Bartz appeals the circuit court's order. We affirm.
  • OWI/ Reasonable Suspicion/ Traffic Stops/ Evidence/ Anonymous Tip/ Constitutional Law

    State v. Heller
    Docket: 2009AP001174E 01-06-10
  • Property/ Counties/ Zoning/ Ordinances/ Ordinance Construction-Interpretation / Statutes/ Statutory Construction-Interpretation

    Propp v. Sauk County
    Docket: 2009AP000209 01-07-10
    Recommended for Publication
    BRIDGE, J. The Sauk County Board of Adjustment appeals an order of the circuit court reversing the Board's decision to deny Evelyn Propp's application for a special land use permit under WIS. STAT. § 59.692(1v) and SAUK COUNTY SHORELAND PROTECTION ORDINANCE § 8.06 (May 2003). The Board contends the circuit court erred in its interpretation of the terms "floor area" and "structure" which appear in § 59.692(1v)(b) as well as § 8.06(6)(b), and thus incorrectly determined that Propp satisfied the requirements of both, thereby entitling her to the permit. We disagree and affirm the circuit court.
  • Property/ Taxation/ Valuation/ Evidence/ Court’s Jurisdiction

    Sager v. Town of Taycheedah
    Docket: 2009AP000972 01-06-10
    PER CURIAM. The Board of Review of the Town of Taycheedah appeals from the order of the circuit court that determined that the Board's assessment of property owned by Steven and Mary Sager was arbitrary and capricious. The court remanded the matter to the Board directing it to assess the property at a value determined by the court. The Town argues that the circuit court improperly considered evidence outside of the record in its certiorari review, and that the Board's determination must be upheld because there was sufficient evidence to support it, the assessor acted according to statute, and the taxpayer did not rebut the presumption of correctness. We agree. Consequently, we reverse the order and remand the matter to the circuit court with instructions to affirm the decision of the Board.
Links
Also of Interest
Supreme Court must approve UPL petition to protect public, State Bar members say
The Wisconsin Supreme Court has ordered a public hearing and open administrative conference on the UPL petition at 9:45 a.m. March 8. Find out how State Bar members can communicate their concern about UPL on both the profession and the public to the court. More

Comprehensive law regulating sale and disposal of electronics effective on Jan. 1
On Jan. 1, Wisconsin joined more than 20 other states that regulate the collection and disposal of electronic waste. E-Cycling requires proper collection and recycling of e-waste, and bans landfill disposal or incineration of certain electronics. More

Justices inquire into implications of reinstating lawyer to represent client after lawyer’s illegal discharge
The Wisconsin Supreme Court held oral arguments testing whether federal anti-discrimination laws trump a corporate client’s right to choose an attorney. More

Just Released

UPDATE, UNSUBSCRIBE, WHITELIST
To update your email address for all State Bar electronic communications and the Wisconsin Lawyer Directory, email Customer Service, or call (800) 728-7788. Please include your name, email, and Bar number, if applicable.
CONTACT
Questions concerning this mailing list or the State Bar of Wisconsin's Web site should be directed to the webmaster.
CaseLaw Express is published by the State Bar of Wisconsin,
5302 Eastpark Blvd.,
Madison, WI, 53718-2101,
http://www.wisbar.org/express/
(800) 728-7788.
DISCLAIMER
Due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or completeness of the content.
© 2010, State Bar of Wisconsin