Daniel Arends appeals from an order denying his petition for discharge from his WIS. STAT. ch. 980 (2005-06)1 commitment. He contends that the circuit court erred when it denied his petition without an evidentiary hearing. We agree and reverse the order, remanding the matter for a WIS. STAT. § 980.09(2) evidentiary hearing... BACKGROUND... ¶ 2 The relevant facts are brief and undisputed. On January 21, 2005, Arends was committed as a sexually violent person under WIS. STAT. ch. 980....  

Acuity Insurance Company appeals from an order confirming a decision of the Labor and Industry Review Commission (LIRC) dismissing Acuity's claim for decreased compensation under WIS. STAT. § 102.58 (2005-06).1 Credible and substantial evidence supports LIRC's decision, and the evidence does not offer a more reasonable conclusion. We therefore must affirm... ¶ 2 Crest Concrete Products employed Theodore Whitman as a truck driver. On September 6, 2005, Whitman's boom truck crossed the...  

The Labor Association of Wisconsin (LAW), appeals three decisions of the circuit court. LAW's substantive argument is that Ozaukee County and its sheriff, Maury Straub,1 are in violation of a collective bargaining agreement (CBA) between LAW and Ozaukee County. LAW claims that the circuit court erred when it granted the County's motion for summary judgment asking that the court declare the sheriff's constitutional authority with respect to the Court Services Unit (CSU) and assigning those unit...  

Craig A. Swope appeals from his conviction for two counts of intentional first-degree homicide. He claims that the trial court erred in permitting an FBI agent to testify about a "death scene" analysis that he conducted. First, Swope asserts that "death scene" analysis is a "junk science," and the agent was not qualified to give an expert opinion. Second, he argues that the admission of the agent's conversations with third parties violated his confrontation rights. We...  

Bloomfield Road, LLC, sued Paul DeMichele and other owners of adjacent lakefront properties for an injunction requiring docks to be placed based on the "right angle method." DeMichele appeals pro se from a judgment declaring that his homeowner and personal umbrella insurance provider, Allstate Insurance Company, does not provide coverage for the subject of Bloomfield's lawsuit. We affirm the judgment... ¶ 2 Allstate intervened in the underlying action to seek a declaration on...  

Curtis J. Schmidt has appealed from a judgment convicting him of five counts of possession of child pornography in violation of WIS. STAT. § 948.12(1m) (2005-06),1 one count of exposing a child to harmful materials in violation of WIS. STAT. § 948.11(2)(a), and one count of sexual exploitation of a child in violation of Wis. Stat. § 948.05(1m). In exchange for Schmidt's pleas of guilty to the possession of child pornography charges and his pleas of no contest to the charges under...  

A jury convicted Daniel J. Peck of three counts of identity theft, finding that he engaged in conduct intended "to harm the reputation, property, person, or estate" of his ex-wife, contrary to WIS. STAT. § 943.201(2)(c) (2005-06).1 Peck argues on appeal, as he did on motions after verdict, that the word "harm" is unconstitutionally vague and that the State failed to prove that he intended to harm his ex-wife's reputation, property, person or estate. The trial court denied...  

WISCONSIN STAT. § 802.06(2)(b) (2005-06)1 allows the circuit court to convert a defendant's motion to dismiss for failure to state a claim into a summary judgment motion. Here, the circuit court did convert the motion into a summary judgment motion even though the defendant, Stroh Die Casting Co., Inc., had not filed an answer. The plaintiff, Alliance Laundry Systems LLC, claims that such conversion ran afoul of WIS. STAT. § 802.08, which requires that the pleadings be complete before...  

A jury convicted Crin H. Forbes of two counts of battery to a police officer, one count of resisting or obstructing an officer and one count of disorderly conduct, contrary to WIS. STAT. §§ 940.20(2), 946.41(1) and 947.01 (2005-06).1 Forbes appeals from the judgment of conviction and from the orders denying his postconviction motion seeking either dismissal or a Machner2 hearing. Forbes contends that defense counsel's and the prosecutor's failure to introduce a particular photograph...  

Lee Parrett appeals from the order of the circuit court that denied his petition to commute his sentence under WIS. STAT. § 973.13 (2005-06).1 He argues that his sentence was illegal because he was charged with escape for failing to return after work release. Because we conclude that Parrett was properly charged with escape, we affirm... ¶ 2 In 2000, Parrett failed to return to the Milwaukee House of Correction where he was serving a term of probation on work release. He was...  

Michael Parrish appeals a judgment, entered upon a jury's verdict, convicting him of one count of second-degree sexual assault as a repeater. Parrish asserts the court erroneously denied his motion for a mistrial; did not ascertain whether Parrish knowingly, intelligently, and voluntarily waived his right to testify; and did not give the correct jury instructions. We reject Parrish's arguments and affirm... ¶ 2 Parrish had sexual intercourse with Ashley P., who was fifteen years old at the...  

Thomas Zeise appeals a judgment of conviction for fourth-degree sexual assault and an order denying his postconviction motion. Zeise contends the circuit court erroneously denied his motion for plea withdrawal by concluding there was a sufficient factual basis for Zeise's Alford plea.2 We agree and reverse and remand to allow Zeise to withdraw his plea... BACKGROUND... ¶ 2 Zeise was originally charged with second-degree sexual assault of a child under the age of sixteen, in violation of...  

Eau Claire Police Officer Michael Glennon and his wife, Keo Glennon, appeal a summary judgment dismissing their negligence action against Ross Hansen, and Hansen's mother's insurer, American Family Insurance Group, for knee injuries Michael Glennon sustained while apprehending Hansen. The Glennons argue the trial court erred by concluding public policy considerations precluded their action as a matter of law. We agree. We therefore reverse and remand for further proceedings... Background......  

Adan Martinez appeals from a judgment of conviction entered after a jury found him guilty of one count of second-degree sexual assault of a child and one count of repeated acts of sexual assault of a child. See WIS. STAT. §§ 948.02(2), 948.025(1)(b) (2003-04).1 Martinez challenges only the circuit court's decision to admit his custodial statement into evidence. We affirm... BACKGROUND... ¶ 2 In 2004, Martinez was arrested following an accusation that he sexually assaulted a...  

Antoine A. Payne appeals from a judgment of conviction for felony murder-armed robbery, criminal damage to property and driving a vehicle without the owner's consent, all as a party to a crime, contrary to WIS. STAT. §§ 940.03, 943.01(2)(d), 943.23(3) and 939.05 (2005-06).1 He argues that the evidence introduced at his trial was insufficient to support his conviction for felony murder-armed robbery because it failed to demonstrate that he aided or abetted the armed robbery.2 Payne...  

Lew A. Brown appeals from a judgment of conviction and orders denying his two postconviction motions for relief. Brown was convicted of two crimes after a jury trial: being a felon in possession of a firearm, contrary to WIS. STAT. § 941.29(2)(a) (2005-06);1 and possession of a short-barreled shotgun, contrary to Wis. Stat. § 941.28(2). Brown was also convicted of fleeing an officer, contrary to WIS. STAT. § 346.04(3), based on his guilty plea. Brown argues that all three...  

Bryan J. Stanley appeals from an order following a bench trial denying his petition for conditional release under WIS. STAT. § 971.17(4) (2005-06)1 from Mendota Mental Health Institute. Stanley was committed to institutional care after he was found not guilty of three counts of first-degree murder by reason of mental disease or defect. Stanley contends that the circuit court erred in denying his petition because the evidence did not clearly and convincingly establish that he would pose a...  

B&K Builders appeals from a money judgment in favor of Duane Kulke. We affirm... ¶ 2 Kulke, doing business as Great Outdoors Landscaping, sued B&K on theories of breach of contract and quantum meruit. The complaint alleged that Kulke was a subcontractor for B&K on a specific project, that Kulke performed under the contract, but B&K did not pay the full amount due. In the alternative, Kulke alleged that he was entitled to payment under the implied contract theory of quantum meruit. After a...  

James Poblitz appeals from an order finding that he is a sexually violent person under WIS. STAT. § 980.01(7)(2005-06),1 and from an order denying his postconviction motion seeking a new trial. Poblitz argues that the trial court erroneously exercised its discretion by questioning and dismissing an impaneled juror outside the presence of either Poblitz or his attorney. Poblitz argues that the court erroneously exercised its discretion by applying the wrong legal standard and failing to use...  

Robert Tessen, pro se, appeals from an order entering summary judgment against Tessen and a judgment dismissing this action. He argues that the Plover Police Department violated his constitutional and statutory rights when the police seized his computer during a search of his home. We affirm... ¶ 2 The facts are undisputed. Police Officer Stephen Fredock obtained a search warrant authorizing the search of Tessen's home. The purpose of the search was to seek evidence of forgery and identity...