N. PATRICK CROOKS, J. 1 This is a review of an unpublished decision of the court of appeals 1 reversing the circuit court's judgment of conviction and remanding for a new trial based on ineffective assistance of counsel. A jury convicted David W. Domke (Domke) of repeatedly sexually assaulting Alicia S., his stepdaughter, when she was ten years old, in violation of Wis. Stat. 948.02(1) and 948.025(1)(a) (2003-04). Domke moved for postconviction relief and a new trial based on the...
SHIRLEY S. ABRAHAMSON, C.J. 1 This is a review of an unpublished opinion and order of the court of appeals. 1 2 The Office of the State Public Defender seeks review of part of an order 2 and footnote 2 in the unpublished opinion and order of the court of appeals. In this footnote the court of appeals imposed a sanction of $150 on the Office of the State Public Defender after finding that the appendix to the Assistant State Public Defender's brief was deficient and the attorney's...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision of the court of appeals 1 affirming an order of the Milwaukee County Circuit Court denying Edwin Clarence West's (West) petition for supervised release. 2 In 1997 a jury found that West was a sexually violent person under Wis. Stat. ch. 980, and he was thereafter committed under that chapter. Under 980.08(1), persons committed under ch. 980 may petition for supervised release into the community after at least 12 months...
ON BYPASS FROM THE COURT OF APPEALS DAVID T. PROSSER, J. 1 This is a review of an order of the circuit court denying Glen D. Nordberg's (Nordberg) petition for supervised release. The issues in this case are identical to the issues we decide today in In re Commitment of West, 2011 WI 83, ___ Wis.2d ___, 800 N.W.2d 929 . The issues presented are whether Wis. Stat. 980.08(4)(cg) 1 places the burden of proof in a petition for supervised release with an individual committed as a...
MICHAEL J. GABLEMAN, J. 1 This is a review of a published decision of the court of appeals 1 that reversed the judgment and order of the circuit court for Milwaukee County, the Honorable Elsa C. Lamelas presiding, in favor of Covenant Healthcare System, Inc. (Covenant). Covenant is the sole member of the St. Joseph Regional Medical Center, Inc., (St.Joseph) which in turn owns the St. Joseph Outpatient Clinic (Outpatient Clinic). In 2003, Covenant constructed a five-story building in the...
DAVID T. PROSSER, J. 1 This is a review of a published decision of the court of appeals, Casper v. American International South Insurance Co., 2010 WI App 2, 323 Wis.2d 80 , 779 N.W.2d 444 , 1 affirming three orders of the Milwaukee County Circuit Court, Christopher R. Foley, Judge. The case arises out of a tragic accident that occurred when a truck driven by Mark Wearing collided with the Casper family's minivan while it was stopped at an intersection. Bryan, Susan, Michael, and Thomas...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision of the court of appeals, 1 reversing a decision and order of the Winnebago County Circuit Court, Karen L. Seifert, Judge. This case requires us to determine whether the defendant is entitled to an evidentiary hearing on the basis of his conclusory allegation in a Wis. Stat. 974.06 (2007-08) 2 motion for a new trial that his postconviction counsel was ineffective for not raising in a Wis. Stat. 974.02 motion and on...
MICHAEL J. GABLEMAN, J. 1 This case is a complex civil action that initially involved fourteen different parties in eighteen separate, but related, claims and counterclaims. The controversy centers on a bitter interfamilial dispute among John Link (Jack) and his two sons, Jay Link (Jay) and Troy Link (Troy). The Link family owns various companies that produce and distribute meat and cheese snacks. 2 In August 2005, after a number of conflicts between Jack and Jay, Jay's employment ended...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision and order of the court of appeals 1 granting a writ of prohibition and vacating a circuit court order requiring the Madison Metropolitan School District (the District) to develop and implement an educational plan for M.T., a juvenile who was adjudged delinquent after the District had expelled him from school. 2 The case presents important issues related to the authority of circuit courts to order educational services for...
MICHAEL J. GABLEMAN, J. 1 This is a review of a published decision of the court of appeals reversing the circuit court order granting summary judgment in favor of Oneida County. 1 This case concerns an agreement between Oneida County and Waste Management, Inc., (Waste Management) for the disposal of municipal solid waste. The agreement allowed Oneida County to charge Waste Management a $5.25 fee for each ton of municipal solid waste that Waste Management delivered to the Oneida County Solid...
PATIENCE DRAKE ROGGENSACK, J. 1 We review a published opinion of the court of appeals 1 affirming the circuit court's order 2 that Timothy McReath (Tim) pay Tracy McReath (Tracy) $796,720 to equalize the property division upon the couple's divorce, as well as $16,000 per month for 20 years in maintenance. The questions presented are: (1) whether the entire value of the salable professional goodwill 3 of Tim's interest in Orthodontic Specialists, S.C. can be counted as divisible property...
MICHAEL J. GABLEMAN, J. 1 Steven Kilian seeks review of an unpublished decision of the court of appeals 1 that affirmed the order of the circuit court for Waukesha County, the Honorable Ralph M. Ramirez presiding, granting summary judgment to defendants Mercedes-Benz USA, LLC, and Daimler Chrysler Financial Services Americas, LLC, d/b/a Mercedes-Benz Financial. 2 Kilian leased a Mercedes-Benz vehicle in 2006. Mercedes-Benz USA manufactured the vehicle and Mercedes-Benz Financial provided...
PATIENCE DRAKE ROGGENSACK, J. 1 We review an order of the court of appeals 1 affirming the circuit court's 2 order vacating a jury verdict finding David Funk (Funk) guilty of two counts of sexual assault of a child and granting him a new trial. The circuit court ordered a new trial based on its post-trial discovery that a juror, Tanya G., had not revealed during voir dire that she had been a victim of two prior incidents of sexual assault and its findings that these experiences made her...
PATIENCE DRAKE ROGGENSACK, J. 1 We review an unpublished opinion of the court of appeals 1 reversing the circuit court's order 2 granting BlueCross BlueShield of Illinois' (BlueCross) motion for declaratory judgment. BlueCross is a subrogated party in plaintiff John R. Steffens' (Steffens) lawsuit based on a June 2005 car accident. BlueCross's motion requested a declaration that Steffens reimburse BlueCross $67,477.57, the amount BlueCross paid pursuant to BlueCross's ERISA benefits...
ANN WALSH BRADLEY, J. 1 The petitioner, BNP Paribas as Agent ("Paribas"), seeks review of an unpublished opinion of the court of appeals affirming an order of the circuit court. 1 Paribas and Olsen's Mill entered into a voluntary assignment agreement for the benefit of creditors under Wis. Stat. ch. 128. 2 The circuit court ordered the sale of certain assets free and clear of all liens to Olsen's Mill's Acquisition Company, LLC ("OMAC"). 2 As a secured creditor, Paribas argues that the...
N. PATRICK CROOKS, J. 1 This is a review of a published decision of the court of appeals 1 involving the Wisconsin Department of Natural Resources' (DNR) decision to issue a permit to the Village of East Troy (the Village) for a municipal well, Well No. 7, on September 6, 2005. Well No. 7 was constructed and began operating on August 1, 2008. 2 The Lake Beulah Management District (LBMD) and the Lake Beulah Protective and Improvement Association (LBPIA), referred to collectively as the...
N. PATRICK CROOKS, J. 1 This is a review of a published decision of the court of appeals 1 concluding that Lake Beulah Management District's (LBMD) ordinance, purporting to regulate and require permits for certain wells that withdraw water from the area around Lake Beulah, was invalid as preempted by the legislature's grant of authority to the Department of Natural Resources (DNR) to regulate high capacity wells. LBMD brought a declaratory judgment action seeking to enforce the ordinance in...
PATIENCE DRAKE ROGGENSACK, J. 1 We review an unpublished decision of the court of appeals 1 affirming the circuit court's 2 order dismissing for lack of personal jurisdiction a defendant, the Japan-based Nissan Motor Company (Nissan Japan), from David Rasmussen's (Rasmussen) class-action lawsuit. The issue presented to this court is whether Wisconsin has general personal jurisdiction over Nissan Japan. 3 Accordingly, we are asked to address whether under Wis. Stat. 801.05(1)(d) (2007-08)...
ANN WALSH BRADLEY, J. 1 The petitioners, Steven A. Reisman and PressEnter, L.L.P., seek review of an unpublished opinion of the court of appeals that affirmed orders of the circuit court requiring the equal distribution of PressEnter's profits to both partners, Reisman and David Bushard. 1 The circuit court determined that Reisman was not entitled to receive a salary as compensation for the services he rendered in winding up PressEnter. It ordered that the wind-up of the partnership be...
DAVID T. PROSSER, J. 1 This case comes to the court on certification by the court of appeals, pursuant to Wis. Stat. (Rule) 809.61 (2007-08). 1 The case arises out of an uninsured motorist (UM) claim submitted by Wanda Brethorst (Brethorst) to her insurer, Allstate Property and Casualty Insurance Company (Allstate). When Brethorst made a demand for settlement, Allstate offered only a partial settlement of Brethorst's claim for $4,789 in medical expenses above the $5,000 in medical...
