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  • Wisconsin Lawyer
    March 31, 2008

    2002 Significant Court Decisions - Other Significant Cases

    In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

    Wisconsin Lawyer
    Vol. 76, No. 6, June 2003

    Other Significant Cases

    Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

    Attorneys and Judges

    • Jackson v. Benson, 2002 WI 14, 249 Wis. 2d 681, 639 N.W.2d 545, reconsideration denied, 2002 WI 90, 255 Wis. 2d 24, 647 N.W.2d 815 (frivolous motion to disqualify justice).
    • State v. Tkacz, 2002 WI App 281, 258 Wis. 2d 611, 654 N.W.2d 37 (prosecutor was not disqualified when prior representation of defendant was not substantially related to prosecution).

    Torts

    Constitutional Law

    • Village Food & Liquor Mart v. H & S Petroleum Inc., 2002 WI 92, 254 Wis. 2d 478, 647 N.W.2d 177 (constitutional right to a jury trial in suit for damages under Unfair Sales Act).
    • State v. Rachel, 2002 WI 81, 254 Wis. 2d 215, 647 N.W.2d 762 (constitutionality of revisions to Wis. Stat. section 980.06, providing for commitment of sex offenders).

    Contracts

    Pleading and Practice

    Real Estate

    Municipal Law

    • Lodl v. Progressive Northern Ins. Co., 2002 WI 71, 253 Wis. 2d 323, 646 N.W.2d 314 (exception to immunity for known danger for failure of traffic officers to control traffic when traffic lights did not function during storm).
    • Sills v. Walworth County Land Mgmt. Comm., 2002 WI App 111, 254 Wis. 2d 538, 648 N.W.2d 878 (grantor of conditional use permit for use of historical building need not consider restrictive covenant).

    Administrative Law

    Family Law

    Insurance

    Criminal Law and Procedure

    • State v. Polashek, 2002 WI 74, 253 Wis. 2d 527, 646 N.W.2d 330 (disclosure of information prohibited by Wis. Stat. section 48.981(7); suspected child abuse is strict liability offense).
    • State v. Head, 2002 WI 99, 255 Wis. 2d 194, 648 N.W.2d 413 (elements of perfect and imperfect self-defense).
    • State v. Jennings, 2002 WI 44, 252 Wis. 2d 228, 647 N.W.2d 142 ("I think maybe I need to talk to a lawyer").
    • State v. Bergquist, 2002 WI App 39, 250 Wis. 2d 792, 641 N.W.2d 179 (forfeiture subject to excessive fines clause).
    • State v. Samuel, 2002 WI 34, 252 Wis. 2d 26, 643 N.W.2d 423 (suppression of witness's statements for egregious police misconduct).
    • State v. Douangmala, 2002 WI 62, 253 Wis. 2d 173, 646 N.W.2d 1 (advice to alien defendant that he may be deported upon conviction).


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