Appellate Decisions Released May 18, 2006
The Wisconsin Supreme Court released the following opinions today:
State v. Payano-Roman. The question before the Court was whether the administration of a laxative, subsequent to which Mr. Payano-Roman, er, expressed a baggie of heroin, was a government search subject to the Fourth Amendment. The Wisconsin Supreme Court ruled this a search, albeit a reasonable one that did not offend Mr. Payano-Roman's constitutional right to continence.
Coleman v. McCaughtry. The Court held that petitioner had unreasonably delayed in petitioning for writ of habeas corpus (based on appellate counsel's alleged ineffective assistance). However, it found the record insufficient to determine whether the delay had prejudiced the State, and so remanded to the Court of Appeals for fact-finding.
Buyatt v. Metropolitan Property and Casualty Ins. Co (consolidated with Kontowicz v. American Standard Ins. Co. of Wisconsin). An insurer of a negligent tortfeasor is liable under Wis. Stat. sec. 646.31(2) for simple interest at 12% per annum when three conditions exist: (1) There is no question regarding the insured's liability; (2) the amount of damages are a sum certain; and (3) the claimant provides the written notice of liability and the sum certain owed.
Royster-Clark, Inc. v. Olsen's Mill, Inc. UCC and contractual provisions requiring written amendments may be obviated through either waiver or partial performance.
The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:
Bryan v. Pink. In small claims cases, the trial court should first apportion fault between parties based on the total proven damages, and then apply the small claims jurisdictional cap of $5,000 to the result.
State v. Payano-Roman. The question before the Court was whether the administration of a laxative, subsequent to which Mr. Payano-Roman, er, expressed a baggie of heroin, was a government search subject to the Fourth Amendment. The Wisconsin Supreme Court ruled this a search, albeit a reasonable one that did not offend Mr. Payano-Roman's constitutional right to continence.
Coleman v. McCaughtry. The Court held that petitioner had unreasonably delayed in petitioning for writ of habeas corpus (based on appellate counsel's alleged ineffective assistance). However, it found the record insufficient to determine whether the delay had prejudiced the State, and so remanded to the Court of Appeals for fact-finding.
Buyatt v. Metropolitan Property and Casualty Ins. Co (consolidated with Kontowicz v. American Standard Ins. Co. of Wisconsin). An insurer of a negligent tortfeasor is liable under Wis. Stat. sec. 646.31(2) for simple interest at 12% per annum when three conditions exist: (1) There is no question regarding the insured's liability; (2) the amount of damages are a sum certain; and (3) the claimant provides the written notice of liability and the sum certain owed.
Royster-Clark, Inc. v. Olsen's Mill, Inc. UCC and contractual provisions requiring written amendments may be obviated through either waiver or partial performance.
The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:
Bryan v. Pink. In small claims cases, the trial court should first apportion fault between parties based on the total proven damages, and then apply the small claims jurisdictional cap of $5,000 to the result.
posted by Daniel Kelly at 8:43 AM
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