Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness… Read more
B. Construction
State v. Tony J. Lalicata, 2012 WI App 138 (recommended for publication); case activity Probation is not an available disposition under § 948.02(1)(b) (child sexual assault). By mandating that “the court shall impose a bifurcated sentence” with a confinement portion of at least 25 years for that offense, § 939.616 forecloses the possibility of probation: ¶14 … We… Read more
Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against… Read more
Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity ¶32 … The word “may” is ordinarily used to grant permission or to indicate possibility. See The American Heritage Dictionary of the English Language 1112 (3d ed. 1992). Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt… Read more
State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity; for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity Delinquency – Sanctions – Municipal Truancy After finding the juveniles in violation of first-offense truancy under the local municipal… Read more
Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5 We conclude: … (2) A circuit court does not… Read more
Steven T. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65; case activity Statutory Construction – Legislative Acquiesence ¶30 n. 12: “Legislative failure to act is ordinarily weak evidence of legislative intention to acquiesce in or countenance a judicial or executive branch interpretation. . . . Under proper circumstances, however, inaction by the legislature may be… Read more
State v. Beverly H., 2011AP536, District 1, 6/21/11 court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity The trial court didn’t err in denying the parent’s request for an adjournment of dispositional hearing, following jury verdict finding grounds to terminate. The court of appeals rejects the argument that § 48.31(7)(a)… Read more
