6 results for 'judge:"Hagedorn"'.
J. Hagedorn finds the circuit court and court of appeals properly upheld the police oversight board's decision affirming the chief of police's decision to fire the officer after an internal investigation into Facebook posts the officer made in the days and months after the 2018 arrest of Milwaukee Bucks player Sterling Brown, posts which the chief described as "inappropriate, disrespectful and defamatory." The officer's procedural challenges to his termination fail, including because there was no infringement of due process in the chief's explanation to the officer about what policies he violated, evidence supporting the violations and why he was being fired instead of receiving less severe discipline, and his opportunity to respond and defend himself against the charges. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: April 30, 2024, Case #: 2020AP000333, Categories: Employment, Due Process, Police Misconduct
[Consolidated] J. Hagedorn finds none of the three insurance companies that provided policies to a general contractor and shotcrete pump mix supplier are entitled to summary judgment in a lawsuit from homeowners claiming extensive damages caused by the defective construction of their pool. In a departure from a previous Wisconsin Supreme Court decision involving property damage claims which wrongfully differed from well-established law, in part by deviating from the proper "contract-focused analysis" to determine if "property damage" occurred to "other property," the record shows that coverage is triggered under all three insurance companies' policies according to the facts of the homeowners' case. Therefore, the court of appeals property overturned the circuit court's order awarding the insurance companies summary judgment. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 20, 2023, Case #: 2019AP001085, Categories: Insurance, Contract
J. Hagedorn finds the circuit court "likely stepped over the line" by administering defendant's supervision and probation conditions after his battery conviction instead of the Wisconsin Department of Corrections, conditions including a prohibition against living with any women or unrelated children without the circuit court's permission. Because Wisconsin law does not give the circuit court the kind of supervision power it granted itself by denying defendant's post-conviction motion, the matter is remanded to the circuit court so it can either clarify how its supervision and conditions imposed on defendant adheres to the law or modify its order. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 20, 2023, Case #: 2021AP000809-CR, Categories: Probation, Battery
J. Hagedorn finds the appeals court improperly upheld the circuit court's order suppressing evidence of cocaine and fentanyl police officers found after searching defendant during a traffic stop for speeding based on the odor of marijuana coming from his car. Given the totality of the evidence, including that officers watched defendant throw a liquid out of his car before he stopped for them, he possessed a vape pen he nevertheless claimed was use for CBD instead of THC, and one officer called the smell of marijuana coming from the car "overwhelming," a reasonable officer could meet the bar for probable cause to arrest and search defendant. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 20, 2023, Case #: 2021AP000938-CR, Categories: Constitution, Drug Offender, Search
J. Hagedorn finds defendant is entitled to sentence credit for 433 days he spent in a county jail on charges related to stealing three trucks in the span of two hours and leading a police chase into a neighboring county, where he faced similar charges in a separate case that was ultimately consolidated with his other case while he was in jail. Under Wisconsin Supreme Court precedent, defendant is entitled to sentence credit for all of five charges that were dismissed and read in when he pleaded no contest to three other charges, including a charge from the neighboring county for which he was technically freed on a signature bond even though he remained jailed in the other county on a $10,000 cash bond that he did not pay. When defendant violated probation terms of his original withheld five-year sentence and was sentenced to 18 months of confinement, the circuit court properly awarded him 433 days' sentence credit for all three dismissed and read-in charges stemming from both counties, and the court of appeals incorrectly overturned the circuit court upon appeal. Reversed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 14, 2023, Case #: 2021AP000462-CR, Categories: Sentencing, Theft, Vehicle
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J. Hagedorn finds the the court of appeals rightfully upheld the circuit court's findings in favor of the corporate law firm in a legal malpractice suit from a venture capital firm and shareholders in a media company over millions of dollars in penalties and taxes they faced from the IRS after they cut a deal to sell the company's stock and assets to buyers through a middleman company, which they did because selling directly to buyers would expose them to taxes they wanted to avoid. The circuit court did not err by admitting evidence that the shareholders settled claims against two other law firms because the facts of the case fit an exception in Wisconsin law barring admission of settlement evidence and, although the circuit court incorrectly permitted the law firm's attorney to reference the settlement in his closing argument to show liability, it did not abuse its discretion by denying the shareholders' motion for a new trial. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 2, 2023, Case #: 2020AP806, Categories: Negligence, Legal Malpractice