ANN WALSH BRADLEY, J. 1 Plaintiff Ryan C. Tews seeks review of an unpublished decision of the court of appeals affirming an order of the circuit court which concluded that the statute of limitations had run and granted summary judgment in favor of the defendant, Wisconsin Electric Power Company ("WEPCo"). 1 Tews apparently had difficulty identifying the correct legal name of the defendant that allegedly serviced the electrical substation where the injury occurred. His original complaint...
ANNETTE KINGSLAND ZIEGLER, J. 1 This is a review of a published decision of the court of appeals, Town Bank v. City Real Estate Development, LLC, 2009 WI App 160, 322 Wis.2d 206, 777 N.W.2d 98, which reversed the orders of the Waukesha County Circuit Court, Judge Paul F. Reilly presiding, denying Town Bank's two motions for summary judgment. 2 Town Bank and City Real Estate Development, LLC (City Real Estate) entered into a Term Credit Agreement (the TCA), through which Town Bank loaned...
ANN WALSH BRADLEY, J. 1 The petitioner, Darnell Jackson, seeks review of an unpublished decision of the court of appeals affirming an order denying his petition for a writ of certiorari. 1 In a prison disciplinary proceeding, Jackson was found guilty of inciting a riot. He contends that the proceeding violated procedural due process. 2 Video evidence is the focus of Jackson's initial due process arguments. He asserts that the video footage undermines or contradicts the other evidence...
PER CURIAM. 1 The court is equally divided on the question of whether the decision of the court of appeals, Phillips v. U.S. Bank National Association, 2010 WI App 35, 324 Wis.2d 151, 781 N.W.2d 540 , should be affirmed or reversed. Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY and Justice N. PATRICK CROOKS would affirm; Justice DAVID T. PROSSER, Justice PATIENCE DRAKE ROGGENSACK and Justice MICHAEL J. GABLEMAN would reverse. Justice ANNETTE K. ZIEGLER did not participate....
N. PATRICK CROOKS, J. 1 This is a review of a published decision of the court of appeals 1 in a case arising from the death of seventeen-year-old Tanya S. (Tanya) from a drug overdose. Patrick R. Patterson (Patterson) challenges his convictions in connection with her death for first-degree reckless homicide by delivery of a controlled substance contrary to Wis. Stat. 940.02(2)(a) (2007-08) 2 and contributing to the delinquency of a child with death as a consequence contrary to Wis. Stat....
ON CERTIFICATION FROM THE COURT OF APPEALS PER CURIAM. 1 The court is equally divided whether to affirm or reverse the order of the circuit court. Justice David T. Prosser, Justice Patience Drake Roggensack, and Justice Michael J. Gableman would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would reverse. Justice Annette Kingsland Ziegler did not participate. 2 When a certification or bypass results in a tie vote by this court, the...
1 N. PATRICK CROOKS, J. This is a review of an unpublished opinion of the court of appeals affirming a judgment and order of the circuit court for Milwaukee County. Dwight Glen Jones appeals from his judgment of conviction and an order denying his post-conviction motion seeking a new trial. He seeks a new trial on the grounds that the circuit court erred when it denied his request to substitute counsel. He contends that the denial was error because the circuit court should have given more...
ON CERTIFICATION FROM THE COURT OF APPEALS 1 N. PATRICK CROOKS, J. This case is before the court on certification from the court of appeals pursuant to Wis. Stat. (Rule) 809.61 (2007-08). 1 It centers on a plea agreement that the Fond du Lac County Circuit Court rejected, and it presents three related questions. First, under what circumstances may a circuit court reject a plea agreement Second, what factors may a court consider when it reviews a plea agreement In answering the second...
