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Case Digests – WI Supreme Court

Receivership Proceeds 

After the Atrium, a senior-living facility, defaulted on debt service payments to a group of bondholders, the facility filed a petition for receivership.

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Disciplinary Complaint

The Office of Lawyer Regulation (OLR) appeals Referee Robert E. Kinney's report, as amended, recommending that the court dismiss the remaining charges in the disciplinary complaint filed against Attorney Nathan E. DeLadurantey alleging that Attorney DeLadurantey violated the Attorney's Oath in Supreme Court Rule (SCR) 40.15,1 which is enforced via SCR 20:8.4(g),2 by failing to abstain from "offensive personality."

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Attorney Disciplinary Proceeding

This matter was scheduled for oral argument on November 7, 2022, but was removed from the oral argument calendar because the court determined that the case presented an unresolved choice of law issue.

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Postconviction Motion – Evidentiary Burden

The court of appeals affirmed the circuit court's judgment of conviction for first-degree intentional homicide, first-degree sexual assault, and false imprisonment, and its denial of Thomas's postconviction motion.

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Tax Assessment – Presumption of Correctness

The petitioner, Lowe's Home Centers, LLC, seeks review of an unpublished per curiam decision of the court of appeals affirming the circuit court's determination that the City of Delavan's assessments of Lowe's' property for the 2016 and 2017 tax years were not excessive.

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Insurance Claim – Reckless Homicide

The petitioner, Lindsey Dostal (Dostal), both individually and as special administrator of the estate of Haeven Dostal, seeks review of a court of appeals decision affirming the circuit court's grant of summary and declaratory judgment in favor of State Farm.

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Attorney Disciplinary

Attorney William E. Fenger filed a petition for the consensual revocation of his license to practice law in Wisconsin pursuant to Supreme Court Rule (SCR) 22.19.1 In his petition, Attorney Fenger states that he cannot successfully defend against multiple allegations of misconduct in connection with a grievance investigated by the Office of Lawyer Regulation (OLR).

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§ 1983 claim-Sexual Assault

Slabey argues that her § 1983 claim against Dunn County survives summary judgment because she presented evidence sufficient for a reasonable jury to find that Dunn County violated her rights under the Eighth and Fourteenth Amendments to the United States Constitution when then-Dunn County Correctional Officer Ryan Boigenzahn sexually assaulted her.

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Suppression of Evidence

This is a review of an unpublished decision of the court of appeals, State v. Hineman, No. 2020AP226-CR, unpublished slip op. (Wis. Ct. App. Nov. 24, 2021) (per curiam), reversing the Racine County circuit court's judgment of conviction against Jeffrey Hineman for first-degree child sexual assault, S.J.S., and order denying Hineman's motion for postconviction relief.

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Product Liability

The court of appeals reversed in part and affirmed in part the circuit court's grant of summary judgment for defendant Columbus McKinnon Corp. ("CMC").

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4th Amendment Violation-Traffic Stop

The Fourth Amendment requires a police officer to have particularized reasonable suspicion that a crime or non-criminal traffic violation took place before performing a traffic stop.

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Attorney Disciplinary Proceedings

Based on Attorney Constant's failure to answer the Office of Lawyer Regulation's (OLR) complaint or otherwise appear in the proceeding, Attorney Constant is in default.

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4th Amendment Violation-“Knock and Talk”

Wilson argues that his Fourth Amendment rights were violated when police officers entered his fenced-in backyard without a warrant; that the officers' warrantless entry was not a valid "knock and talk" investigation.

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Property Tax Assessment 

Saint John's owns an age-restricted continuing care retirement community located on a single parcel in the City of Milwaukee.

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