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Case Digests - WI Supreme Court

Apr 10, 2023

Postconviction Relief – Fifth Amendment Right Against Self-Incrimination

This is a review of an unpublished decision of the court of appeals, State v. Hoyle, No. 2020AP1876-CR, unpublished slip op.

Apr 3, 2023

Attorney Suspension

The Office of Lawyer Regulation (OLR) has filed a complaint under Supreme Court Rule (SCR) 22.22 asking this court to suspend indefinitely the license of Attorney Tracy R. Eichhorn-Hicks due to a medical incapacity as a reciprocal action to a transfer to "disability inactive status" ordered by the Supreme Court of Minnesota in a pending disciplinary proceeding.

Apr 3, 2023

Postconviction Relief- Ineffective Assistance of Counsel-

The central question in this case is whether a prosecutor cured the breach of a plea agreement when he initially recommended a specific term of imprisonment despite the State's agreement not to do so, but then retracted and corrected the mistake upon being made aware of the error.

Mar 27, 2023

Worker’s Compensation

Petitioner Secura Supreme Insurance Company (Secura), which insured Daniel Keith Huck, seeks review of a published court of appeals decision that affirmed an order granting judgment to the Estate of Daniel Keith Huck (Estate). The supreme court affirms the court of appeals.

Mar 27, 2023

Disability Benefits-“Current annual salary”

The Milwaukee City Charter entitles firefighters injured on the job to duty disability retirement (DDR) benefits, which provide monthly wage replacement payments to firefighters unable to continue active service.

Mar 20, 2023

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.

Mar 14, 2023

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 "offens[...]

Mar 6, 2023

Statutory Interpretation – Sales Tax

Wisconsin imposes a five percent tax on the sale or lease of tangible personal property, including aircraft, as well as on select services.

Mar 6, 2023

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.

Feb 27, 2023

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.

Feb 21, 2023

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.

Jan 30, 2023

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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