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Week of March 3, 2008
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Supreme Court Cases
State v. HarrisDocket: 2006AP000882 03-06-08 Topics: Criminal Law, Discovery, New Trial, Evidence, Constitutional Law-Due Process
SHIRLEY S. ABRAHAMSON, C.J. The defendant, Ronell E. Harris, seeks review of an unpublished decision of the court of appeals affirming a judgment and order of the Circuit Court for Sheboygan County, Terence T. Bourke, Judge. The circuit court convicted the defendant of possession with the intent to deliver more than 40 grams of cocaine or cocaine base contrary to Wis. Stat. § 961.41(1m)(cm)4. (2003-04). The circuit court denied the defendant's postconviction motion seeking a new trial.
Office of Lawyer Regulation v. CrandallDocket: 2006AP002058 03-04-08 Topics: Attorney Discipline
PER CURIAM. We review the report and recommendation of the referee that Attorney Eric L. Crandall be publicly reprimanded for his professional misconduct, that he pay restitution to a client, and that he pay the full costs of this disciplinary proceeding, which were $3,231.81 as of October 5, 2007.
Court of Appeals Cases
Cooper v. American FamilyDocket: 2006AP002394 03-06-08 Topics: Sanctions, Frivolous Claims, Insurance, Statutes, Safe Harbor
PER CURIAM. Jeffrey Cooper appeals from a judgment awarding sanctions to American Family Mutual Insurance Company for Cooper's continuation of a frivolous lawsuit. The circuit court concluded the provisions of the new WIS. STAT. § 802.05 (2005-06) did not apply retroactively to this case and, if the new statute did apply, American Family's failure to comply with the new rule's safe harbor notice provision was harmless. American Family cross-appeals, contending the court erred in not awarding sanctions from the commencement of the lawsuit. We conclude that § 802.05 applies retroactively given the facts of this case and that American Family did not comply with the statute's safe harbor provisions. Accordingly, we reverse the judgment and dismiss the cross-appeal.
State v. RozenskiDocket: 2006AP003124 03-04-08 Topics: Criminal Law, Ineffective Assistance Of Counsel, Prosecutorial Misconduct
PER CURIAM. James Rozenski, pro se, appeals a judgment of conviction and an order denying his motion for postconviction relief. Rozenski was convicted following a jury trial of two counts of second-degree sexual assault, one count of false imprisonment, and one count of battery. He presents numerous issues on appeal related to ineffective assistance of counsel and prosecutorial misconduct. We reject Rozenski's arguments and affirm.
Bloom v. GrawoigDocket: 2007AP000042E 03-06-08 Topics: Estates, Wills, Attorney Fees, Statutes, Statutory Construction-Interpretation
Staege v. Town of Norway
Docket: 2007AP000231 03-05-08 Topics: Zoning, Property, Evidence
SNYDER, J. Glenn Staege appeals from an order denying his petition to the circuit court for a writ of certiorari. The court denied the petition on grounds that record evidence established the Town of Norway's legitimate land use concern when it denied Staege's request for rezoning. Staege contends that the Town's decision to deny his rezoning request was arbitrary and unreasonable, and was unrelated to any legitimate land use considerations. We agree and reverse the order because the board did not apply the correct theory of law and because it did not rely on land use concerns for its decision. We remand the case to the circuit court to direct the Town of Norway Board of Zoning to reconsider the rezoning request, to issue a decision that is free and clear of personal bias, and to put its rationale for that decision on the record.
State v. DanforthDocket: 2007AP000246 03-06-08 Topics: Criminal Law, Ineffective Assistance Of Counsel
PER CURIAM. Michael Danforth appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. Because we conclude that Danforth failed to establish deficient performance and prejudice as to each of his allegations, individually and collectively, we affirm the order.
Rogers v. Saunders * Docket: 2007AP000306 03-05-08 Topics: Summary Judgment, Liability, Contracts, Negligence, Statutes
BROWN, J. The Medical Protective Company ("MedPro") appeals a summary judgment dismissing its claim against American Casualty Company of Reading, Pennsylvania. This litigation began as a medical malpractice claim that settled, with MedPro paying the plaintiffs on behalf of its insured, Aurora Health Care Metro, Inc. MedPro now seeks payment from American Casualty, the liability insurer of Cross-Country Staffing. Cross-Country supplied Aurora with nurses, including the nurse whose negligence allegedly caused the plaintiffs' injuries. MedPro argues that a clause in the staffing agreement between Cross-Country and Aurora requires American Casualty to pay for the liability caused by the nurse's actions.
Columbia County v. Arendt
Docket: 2007AP001523 03-06-08 Topics: Evidence, Alcohol Possession
DYKMAN, J. Andrew Arendt appeals from a judgment of conviction for possession of alcohol as an underage person, contrary to WIS. STAT. § 125.07(4)(b). Arendt contends that the County did not show by clear and convincing evidence that Arendt possessed alcohol. Because Arendt was present when the officer found beer in Arendt's living room, we conclude that there was sufficient evidence to find that Arendt had possession of alcohol. Accordingly, we affirm.
State v. GobisDocket: 2007AP002039 03-05-08 Topics: OWI, Evidence, Implied Consent
ANDERSON, P.J. John E. Gobis asserts that opinion information provided by the police officer who operated the Intoximeter after Gobis' drunk driving arrest dissuaded him from seeking an alternate test under the implied consent law. Given that Gobis has failed to show the officer's statements influenced his ability to ask for an alternate test, we affirm.
* This case has been recommended for publishing.
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