BRENNAN , J. 1 Bobbie Tanta Bowen appeals from a judgment of conviction entered after a jury found him guilty of felony bail jumping, resisting or obstructing an officer, and violating a domestic-abuse injunction; he also appeals from an order denying his motion for postconviction relief. He complains on appeal that the evidence produced at trial was insufficient to convict him of bail jumping as set forth by the relevant jury instruction. We disagree and affirm. BACKGROUND 2 On...
NEUBAUER , P.J. 1 1 Brett W. Dumstrey appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Dumstrey argues that the off-duty officer who pursued him in traffic violated Dumstrey's Fourth Amendment rights when the officer followed Dumstrey into the parking garage of Dumstrey's apartment complex and blocked the garage door so that on-duty officers could enter and arrest Dumstrey. We conclude that the warrantless and nonconsensual...
BRENNAN , J. 1 At the heart of this case are Sylvia F. Mueller's allegations that Harry Kaufmann Motorcars, Inc. misrepresented the condition of a 1995 Mercedes-Benz it sold to her, and that she is entitled to rescission of the purchase contract and/or a refund of the full purchase price of the vehicle, pursuant to WIS. STAT. 100.18 and 218.0116(1)(f) (2011-12), 1 and common law intentional misrepresentation principles. The trial court rejected Mueller's rescission and/or refund...
REILLY , J. 1 Tahj Kitt was arrested on June 6, 2012, for selling cocaine and sat in jail until his sentencing on February 26, 2013. Kitt filed a postconviction motion requesting sentence credit and provided the court with a booking sheet from the Racine County Sheriff's Department reflecting that he had spent 265 days in jail between the time of his arrest and sentencing. Kitt requested approximately half of the 265 days be credited to his sentence (the balance of his time credited to...
STARK , J. 1 These consolidated appeals arise from the circuit court's denial of two motions to vacate foreclosure judgments. The borrowers — Todd and Jennifer Prissel, and Elizabeth Gerlach 1 — argue the foreclosure judgments should be vacated because the lender — Bank of America, N.A. — failed to publish notices of foreclosure sale within the six-month redemption periods following entry of the judgments. We conclude WIS. STAT. 846.101(2) 2 permitted, but did not require, Bank of...
HIGGINBOTHAM , J. 1 The Town of Waukesha appeals an order of the circuit court dismissing the Town from these proceedings. The Town also appeals an order denying the Town's motion to dismiss a petition for incorporation of a village comprised of portions of two towns. 1 2 Regarding the question of whether the circuit court erred in dismissing the Town, we conclude that the circuit court erroneously dismissed the Town from these proceedings and we reverse the circuit court's order....
LUNDSTEN , J. 1 Thornon Talley appeals the circuit court's order continuing his WIS. STAT. ch. 980 commitment after he unsuccessfully petitioned for discharge from the commitment. He also appeals an order denying his motion for post-commitment relief. Talley challenges WIS. STAT. 980.09(3) as facially unconstitutional because it denies due process. More specifically, Talley argues that the statute is defective because it requires only clear and convincing evidence instead of proof...
KESSLER , J. 1 At issue in this appeal is whether the circuit court erred in denying Kelly M. Rindfleisch's motion to suppress all evidence resulting from a search warrant ordering Internet Service Providers (ISPs) Google and Yahoo to produce emails from Rindfleisch's email accounts with them from January 1, 2009, until October 10, 2010, together with the account ownership identifying data. Rindfleisch claims the warrants lacked sufficient particularity and thus were "general warrants"...
BROWN , C.J. 1 David M. Carlson received a twenty-three year bifurcated sentence after he pled guilty to multiple sexual assaults of a child under the age of sixteen. He seeks to withdraw his guilty plea on grounds of ineffective assistance of counsel, arguing that his trial counsel was ineffective because he told Carlson that pleading guilty would give him a "realistic possibility" of a nonprison sentence. Carlson claims based on sentencing data that a nonprison sentence was a practical...
1 CURLEY , P.J. Daryl Rose Coppins, as the personal representative of the estate of her deceased mother, Alyce Armstrong, appeals the order granting summary judgment to Allstate Indemnity Company on her claims for breach of contract, promissory estoppel, and bad faith. The trial court granted Allstate's motion for summary judgment on the basis that Allstate discharged its duties under the policy it issued for Armstrong's property by paying Coppins the property's "actual cash value" as...
LUNDSTEN , J. 1 The State alleges that A.M., now 32 years old, was sexually assaulted by Patrick Lynch when she was a young girl. After Lynch was charged, he brought a pretrial motion for an in camera review of A.M.'s mental health treatment records. The circuit court concluded that Lynch made the required showing for an in camera review. The court further concluded that, because A.M. refused to release her treatment records for an in camera review, State v. Shiffra, 175 Wis.2d 600 ,...
FINE , J. 1 Tracy Haynes appeals the trial court's orders in favor of her insurer, American Family Mutual Insurance Company, holding that she was not entitled to recover from American Family: (1) the full value of her policy as the result of a fire at her home, and (2) statutory interest on settlement money that Haynes contends the insurance company should have paid earlier. We reverse on full value, affirm on statutory interest, and remand with directions. I. 2 This case concerns an...
1 CANE , J. Dennis and Penny Aerts appeal a judgment reforming a recorded Road Maintenance Declaration (the Declaration) to which their predecessors in interest were parties. Following a bench trial, the circuit court concluded the Declaration established an easement over a private road traversing the Aertses' property. It reformed the agreement to include legal descriptions of other properties adjoining the private road that were mistakenly omitted. 2 On appeal, the Aertses' primary...
NEUBAUER , P.J. 1 This is an insurance coverage dispute in which the insureds supplied an incorrect ingredient for incorporation into a dietary supplement. The question presented is whether the insured suppliers' negligent provision of an ingredient that renders the other ingredients and the final product unusable when incorporated constitutes an occurrence resulting in property damage under the insureds' commercial general liability (CGL) policies. We conclude that it does. We reverse...
BROWN , C.J. 1 When one thinks of a "class action," what comes to mind is an attorney filing a claim on behalf of many claimants, most of whom the attorney does not even know, much less represent. In Wisconsin, that type of class action, the type with unnamed claimants, is never possible against the government because claimants against the government must give notice of their identities and their claims before filing suit. By definition unnamed claimants cannot identify themselves and...
BLANCHARD , P.J. 1 In this negligence case, a semi-trailer truck collided with a car, seriously injuring the car driver, Ronald Dakter. At trial, the jury returned verdicts finding both Dakter and the truck driver, Dale Cavallino, causally negligent, but apportioning the majority of the fault to Cavallino. Damages awarded by the jury included $31,668 to Dakter's wife, Kathleen Dakter, for past and future nursing services that she had provided to, and would yet provide to, Dakter as a...
BLANCHARD , P.J. 1 This case arises from a collision between a vehicle driven by Barry Hunt and a snow plow owned by Dane County and operated by a county employee. Barry Hunt and his wife, Ashley Hunt, had a motor vehicle liability policy with State Farm Mutual Insurance Co. at the time of the collision. The damages recoverable from the county and its employee are capped by statute at $250,000, WIS. STAT. 345.05(3) (2011-12), and the Hunts claimed damages greater than that amount. The...
CURLEY, P.J. 1 In these consolidated appeals, Jeremiah R. Popp and Christopher A. Thomas appeal the judgments convicting each of them of one count of manufacturing or delivering 100 grams or less of psilocin or psilocybin, contrary to WIS. STAT. 961.41(1)(g)1. (2011-12). 1 Thomas and Popp pled guilty after the trial court denied their motions to suppress evidence, including mushrooms and mushroom-growing materials, that was discovered after police executed a search warrant for their...
CANE, J. 1 Thomas Anker appeals a judgment of conviction for operating while intoxicated (sixth offense) and causing injury to another person by operation of a vehicle while intoxicated. After fleeing an accident, Anker was discovered by a conservation warden, James Horne, who ordered him to stop, placed him in handcuffs, told him he was under arrest, and escorted him to an unmarked vehicle. The circuit court found that Anker was arrested and that probable cause supported the arrest....
STARK, J. 1 Rice Lake Harley Davidson appeals a circuit court order affirming a decision of the State of Wisconsin Labor and Industry Review Commission (LIRC). LIRC concluded Rice Lake Harley violated the Wisconsin Fair Employment Act (WFEA) by engaging in wage discrimination against its former employee, Diane Mack, on the basis of sex. 2 On appeal, Rice Lake Harley argues: (1) Mack's wage discrimination claim was time barred because it was not filed within 300 days after the alleged...
