Articles Posted in Civil Procedure

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The Supreme Court affirmed Defendant’s conviction for possession with intent to deliver non-narcotic controlled substances as a repeat offender, holding that the trial court did not err in denying Defendant’s motion to suppress. A search of Defendant’s person revealed illegal drugs in Defendant’s possession. The search was warrantless but allegedly consensual. Defendant filed a motion to suppress, arguing that the officer extended the traffic stop without reasonable suspicion, and therefore, his consent was void. The circuit court denied the motion after a suppression hearing. Defendant filed a postconviction motion arguing that he received ineffective assistance of counsel at the suppression hearing. The circuit court denied the motion. Defendant appealed the denial of his motion to suppress and the denial of his postconviction motion. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the officer did not extend Defendant’s traffic stop because the request to perform a search of his person was part of the stop’s mission; (2) Defendant was lawfully seized at the time of the request, and Defendant provided his consent to the search freely and voluntarily; and (3) trial counsel did not perform deficiently. View "State v. Floyd" on Justia Law

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Appointing a registered agent under Wis. Stat. 180.1507 does not signify consent to general personal jurisdiction in Wisconsin. Plaintiffs filed this suit against Defendant, alleging that Defendant fraudulently misrepresented the quality of mortgages underlying certain securities. Defendant moved to dismiss the complaint for lack of personal jurisdiction. The circuit court dismissed the complaint, concluding that Wisconsin courts could not exercise general jurisdiction over Defendant. The court of appeals reversed, holding that by maintaining a Wisconsin agent to receive service of process, Defendant subjected itself to the general jurisdiction of Wisconsin courts and actually consented to personal jurisdiction. The Supreme Court reversed, holding that Defendant’s compliance with section 180.1507 did not, on its own, confer general jurisdiction in Wisconsin. View "Segregated Account of Ambac Assurance Corp. v. Countrywide Home Loans, Inc." on Justia Law

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The thirty-day period under Wis. Stat. 68.13(1) during which certiorari review may be obtained for a town board’s highway order to lay out, alter, or discontinue a highway begins to run on the date that the highway order is recorded by the register of deeds. In this case, the circuit court granted the town boards’ motions to dismiss Appellant’s petitions for certiorari review of highway orders recorded in Rock and Walworth Counties. The Supreme Court reversed and remanded for certiorari review in either Walworth County Circuit Court or Rock County Circuit Court because Appellant’s petitions were filed within thirty days of the dates on which the highway orders were recorded by the registers of deeds. View "Pulera v. Town of Richmond" on Justia Law

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St. Croix County petitioned to terminated Mother’s parental rights to her Son, alleging that Son was a child in continuing need of protection or services (CHIPS) and that Mother failed to assume parental responsibility. The circuit court terminated Mother’s parental rights to Son. Citing Waukesha County v. Steven H., the court of appeals reversed, ruling that because the last order Mother received did not contain written notice warning her about termination, the County failed to establish the notice element required under Wis. Stat. 48.415(2)(a)(1). The Supreme Court reversed after clarifying Steven H., holding that the notice Mother received satisfied the statutory notice requirement in a termination of parental rights action based on continuing CHIPS, and the evidence was sufficient to support the remaining elements of continuing CHIPS set forth in Wis. Stat. 48.415(2). View "St. Croix County Dep’t of Health & Human Servs. v. Michael D." on Justia Law

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Plaintiff sustained personal injury and property damage in a car accident with Defendant, a State employee. Plaintiff delivered notice of claim to the attorney general by personal service and then instituted a negligence action against Defendant. Defendant filed a motion to dismiss, arguing that Sorenson did not strictly comply with Wis. Stat. 893.82, which requires service of notice of claim on the attorney general by certified mail. The circuit court denied Defendant’s motion to dismiss, concluding that service was proper. The court of appeals reversed, holding that delivering notice by personal service does not comply with the plain language of section 893.82(5). View "Sorenson v. Batchelder" on Justia Law