SHIRLEY S. ABRAHAMSON, C.J. 1 This is a review of a published decision of the court of appeals affirming an order of the circuit court for Milwaukee County, Timothy M. Witkowiak, Judge. 1 The circuit court granted American Family Mutual Insurance Company's motion to intervene and to bifurcate the proceedings on insurance coverage issues from proceedings on liability and damages. The circuit court then granted intervenor American Family's motion for declaratory and summary judgment. The...
PER CURIAM. 1 Petitioners-appellants-petitioners, Steve P. and Donna P., are the prospective adoptive parents of Giovanna P., born November 12, 2010. Steve P. and Donna P. petitioned for review of an unpublished decision 1 of the court of appeals, which affirmed the circuit court's order 2 dismissing their petition under Wis. Stat. ch. 54 for guardianship of Giovanna P. After examining the record and the briefs filed with this court, we conclude that the petition for review was...
ANN WALSH BRADLEY, J. 1 The Petitioner, City of Wausau, seeks review of a published court of appeals decision that reversed a judgment entered by the circuit court affirming the City's decision not to renew Thomas and Suporn Nowell's Class B alcohol license. 1 The court of appeals determined that the circuit court had employed an incorrect standard of review. 2 The City of Wausau argues that the error lies with the court of appeals and not the circuit court. It contends that the de...
PATIENCE DRAKE ROGGENSACK, J. 1 This is a review of a published decision of the court of appeals 1 that affirmed the Winnebago County Circuit Court's 2 grant of summary judgment in favor of Musson Bros., Inc. (Musson). This case arises from flood damage to Mark Showers' property in the City of Oshkosh, where Musson was conducting sewer removal and installation as a contractor for the Wisconsin Department of Transportation (DOT). In granting and affirming summary judgment, the circuit court...
PER CURIAM. 1 The Office of Lawyer Regulation (OLR) appeals a referee's decision recommending the court dismiss a disciplinary complaint alleging that Attorney Sharon A. Riek violated SCR 20:3.8(f)(1) and Wis. Stat. 971.23(1)(h) (2007-08), 1 made actionable via SCR 20:8.4(f). We agree with the referee's conclusion that Attorney Riek did not violate the aforementioned rules. Accordingly, the complaint is dismissed. 2 Attorney Riek is an assistant district attorney in Racine County. She...
PATIENCE DRAKE ROGGENSACK, J. 1 This is a review of a published decision of the court of appeals 1 that affirmed the Winnebago County Circuit Court's 2 grant of summary judgment in favor of Musson Bros., Inc. (Musson). This case arises from flood damage to Mark Showers' property in the City of Oshkosh, where Musson was conducting sewer removal and installation as a contractor for the Wisconsin Department of Transportation (DOT). In granting and affirming summary judgment, the circuit court...
PATIENCE DRAKE ROGGENSACK, J. 1 This is a review of a published opinion of the court of appeals 1 that affirmed in part and reversed in part the decision of the circuit court for Milwaukee County. 2 The questions now before us arise from claims by Bostco LLC and Parisian, Inc. (hereinafter Bostco), alleging that Milwaukee Metropolitan Sewerage District's (MMSD) negligent operation and maintenance of a sewerage tunnel (the Deep Tunnel) beneath Bostco's property resulted in excessive...
DAVID T. PROSSER, J. 1 This case, involving a dispute about the water levels on Lake Koshkonong, presents fundamental questions about the authority of the Wisconsin Department of Natural Resources (the DNR), and the criteria it uses in regulating the level of water in navigable waters that are affected by dams. 2 Wisconsin Stat. 31.02(1) 1 authorizes the DNR to regulate the level and flow of water in the navigable waters of Wisconsin. The DNR may order benchmarks designating "the...
ANNETTE KINGSLAND ZIEGLER, J. 1 This is a review of a published decision of the court of appeals, 1 which affirmed judgments of conviction entered by the Milwaukee County Circuit Court, Judge Patricia D. McMahon, after a jury found Richard Lavon Deadwiller (Deadwiller) guilty of two counts of second-degree sexual assault by use of force, contrary to Wis. Stat. 940.225(2)(a) (2005-06). 2 During Deadwiller's trial, Wisconsin State Crime Lab analyst Ronald G. Witucki (Witucki) testified...
ON BYPASS FROM THE COURT OF APPEALS DAVID T. PROSSER, J. 1 This case is before the court on a petition for bypass of the court of appeals pursuant to Wis. Stat. (Rule) 809.60 (2011-12). 1 We are asked to interpret the condemnation procedures in Wis. Stat. 32.06 and determine the rights of property owners who claim that a taking of property has left them with an "uneconomic remnant." 2 American Transmission Company, LLC (ATC) condemned a pair of easements on the residential property...
N. PATRICK CROOKS, J. 1 This is a review of the circuit court's order granting Andrew M. Edler's motion to suppress statements he made during a custodial interrogation. We affirm the order of the circuit court. The statements Edler made after he invoked his right to counsel on April 20, 2011, must be suppressed. We remand to the circuit court for further proceedings consistent with this decision. 2 The court of appeals for District II certified the appeal pursuant to Wis. Stat. (Rule)...
DAVID T. PROSSER, J. 1 This is a review of a published decision of the court of appeals 1 reversing a grant of summary judgment by the Washington County Circuit Court 2 to West Bend Mutual Insurance Company (West Bend) 3 against one of its insureds. 2 The insured, Michael Gundrum (Gundrum), hosted an underage drinking party. One of Gundrum's many guests, Matthew Cecil (Cecil), assaulted and seriously injured another guest. Gundrum knew that Cecil had a tendency to become belligerent...
MICHAEL J. GABLEMAN, J. 1 This case began with the murder of Lee Weddle in his apartment on a spring day in 2005. A subsequent police investigation resulted in charges against the petitioner in this case, Tramell E. Starks, for first-degree intentional homicide as a party to a crime and possession of a firearm by a felon. Following a jury trial, he was convicted of the lesser-included offense of reckless homicide and the felon-in-possession of a firearm charge. 1 On direct appeal, Starks's...
ANN WALSH BRADLEY, J. 1 This is a review of an unpublished opinion of the court of appeals, which reversed the circuit court's judgment awarding damages in favor of Amjad Tufail (Tufail). The case before us involves a contract dispute between the landlord, Tufail, and the tenant, Midwest Hospitality, LLC (Midwest Hospitality) over the terms of a commercial lease of property. 1 2 Tufail, the petitioner, asserts that the court of appeals erred when it determined that Midwest Hospitality's...
ANN WALSH BRADLEY, J. 1 The petitioners, Marilyn M. Brown (Brown) and Delores M. Schwartz (Schwartz), seek review of a published opinion of the court of appeals affirming the circuit court's grant of summary judgment in favor of the defendants, dismissing Parnell P. Burditt (Burditt), the Okauchee Fire Department (OFD), and their insurers. 1 Brown and Schwartz commenced an action alleging that Burditt, a volunteer firefighter and a member of the OFD, negligently caused their injuries when...
ANN WALSH BRADLEY, J. 1 The petitioners, Roger E. Westburg and Sandra L. Westburg (collectively, the Westburgs), seek review of an unpublished decision of the court of appeals affirming the circuit court's grant of summary judgment to Park Bank. 1 Park Bank commenced an action against the Westburgs seeking payment under two guaranty contracts and the Westburgs alleged several counterclaims and affirmative defenses in response. 2 Park Bank argues that the alleged counterclaims are...
PER CURIAM. 1 This is a review of an unpublished opinion of the court of appeals that affirmed in part and reversed in part an order of the circuit court. 1 Three issues are presented for review: 2 First, should State v. Shiffra, 175 Wis.2d 600 , 499 N.W.2d 719 (Ct.App. 1993), be overruled because its holding rests on an erroneous premise that Pennsylvania v. Ritchie, 480 U.S. 39 , 107 S.Ct. 989, 94 L.Ed.2d 40 (1987) mandates the pretrial in camera review of privately-held,...
N. PATRICK CROOKS, J. 1 We review a published court of appeals decision 1 involving a dispute over the amount of money due to a shareholder for his shares in Sideline Software, Inc. (Sideline), a company that serves the fantasy football league market with an online league-management program. Because we agree that the balancing of the equities required in a specific performance claim did not occur and summary judgment was improperly granted, we affirm the court of appeals' decision to...
SHIRLEY S. ABRAHAMSON, Chief Justice. 1 This is a review of an unpublished decision of the court of appeals that affirmed the judgment of conviction entered by the Circuit Court for Milwaukee County, Jeffrey A. Conen, Judge. 1 2 Gregory M. Sahs, the defendant, was convicted of possession of child pornography in violation of Wis. Stat. 948.12(1m) (2007-08). 2 3 The charge of possessing child pornography arose from incriminating admissions the defendant made to his probation agent....
PATIENCE DRAKE ROGGENSACK, J. 1 This is a review of a published decision of the court of appeals 1 that affirmed the judgment of conviction entered by the Racine County Circuit Court. 2 Relevant to this appeal, defendant Courtney C. Beamon was convicted of fleeing or attempting to elude a traffic officer, in violation of Wis. Stat. 346.04(3) (2009-10). 3 Beamon argues that, under the particular jury instructions given in this case, there was insufficient evidence to convict him of...
