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Opinion

Court Error – Abuse of Discretion

MidCountry Bank appeals an order voiding a sheriff’s sale of Todd and Carolyn Bork’s home and prohibiting MidCountry from executing a judgment on the Borks’ real property for as long as it remains their primary residence.

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Judgment – Injunctive Relief

Quincy Bioscience, LLC (“Quincy”) filed this civil action against Ellishbooks, related individuals, and entities (collectively “Ellishbooks”) alleging claims for trademark infringement, false advertising, dilution, and unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125, as well as claims under Illinois statutory and common law.

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Sentencing Guidelines

In December 2016, law enforcement officers facilitated a controlled buy of heroin from Juan Perez- —someone the officers suspected was a high-level drug dealer in the Beloit, Wisconsin area.

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Consumer Fraud – Negligent Misrepresentation

Skyrise Construction Group, LLC, a subcontractor, sued Annex Construction, LLC, a general contractor, for breach of contract, promissory estoppel, negligent misrepresentation, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq., and violation of the Wisconsin Deceptive Trade Practices Act, Wis. Stat. 100.18.

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Malicious Prosecution Claim

William Lund, a reporter, was arrested in Rockford, Illinois after discovering a police‐run prostitution sting operation in the course of his news‐gathering activities.

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OWI – Suppression of Evidence

Katelyn Leach appeals a judgment of conviction from the Waupaca County Circuit Court for operating a motor vehicle with a detectable amount of a controlled substance in her blood, second offense, contrary to WIS. STAT. § 346.63(1)(am).

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Small Claims – Judgment

Martindale Pinnacle Construction (MPC) appeals an order denying MPC’s motion to reopen a default judgment entered against it in a small claims action.

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Trust & Estates – Undue Influence

In June 2017, Clarence J. Teynor executed a will directing that his property be sold and the net proceeds from the sale be distributed to his siblings and one nephew.

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Sentence Credit

We review an unpublished decision of the court of appeals reversing an order of the circuit court that granted sentence credit to Richard H. Harrison, Jr. pursuant to Wis. Stat. § 973.155(1)(a) (2017–18) and remanded with directions to advance the commencement of concurrent terms of extended supervision for Harrison's 2007 and 2008 cases to the date they would have begun but for Harrison's confinement for unrelated convictions that later were set aside.

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Foreclosure – Prima Facie

Timothy Rumpf appeals from a judgment of mortgage foreclosure, which was entered after the circuit court granted summary judgment in favor of the mortgage holder, Bank of New York Mellon (the “Bank”).

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LIRC – Unemployment Benefits

Jason Whittlesey and the Department of Workforce Development appeal an order of the Wood County Circuit Court affirming the Labor and Industry Review Commission’s determination that Whittlesey voluntarily terminated his employment without good cause attributable to the employer, within the meaning of WIS. STAT. § 108.04(7)(b) (2017-18), and was therefore ineligible to receive unemployment insurance benefits.

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Sufficiency of Evidence

Michael J. Thunder appeals a Dane County circuit court order granting a petition for a domestic abuse injunction against him.

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Equitable Tolling

Paul Brian Asik, Jr., pro se, appeals a circuit court order that dismissed Asik’s petition for a writ of certiorari as untimely and the order denying his motion for reconsideration.

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Eviction – Equitable Estoppel

Marwood Corporation and the Gloria Woodman Survivor’s Trust, by its trustee, Jeffrey Woodman (which will be referred to collectively as “Marwood”), appeal an order of the Rock County Circuit Court denying Marwood’s motion for summary judgment on Marwood’s eviction claim against Janesville Spatz Limited Partnership (“Spatz”) and granting Spatz’s request on summary judgment that Marwood’s eviction claim be dismissed.

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OWI – Motion for Reconsideration Denied

In a previous appeal by Aman Singh of his conviction for operating while intoxicated (OWI) as a second offense, this court summarily reversed and remanded to the circuit court to provide the relief that Singh sought on appeal, specifically, relief due under WIS. STAT. § 973.13, which this court stated “provides only one remedy: voiding any penalty in excess of the statutory maximum.” State v. Singh, No. 2017AP1609, unpublished slip op. ¶11 (WI App July 26, 2018).

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Attorney Disciplinary Hearing

We review a report filed by Referee James J. Winiarski, accepting a stipulation executed by Attorney Patrick J. Hudec and the Office of Lawyer Regulation (OLR), in which Attorney Hudec pled no contest to four counts of professional misconduct and agreed that the allegations of the OLR's complaint were established by clear, satisfactory, and convincing evidence. Consistent with the terms of the stipulation the referee recommends we suspend Attorney Hudec's law license for 60 days and require Attorney Hudec to attend an OLR trust account seminar within one year.

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Trusts & Estates – Life Insurance – Beneficiaries

The petitioner, Lynnea Landsee-Pulkkila (Lynnea), seeks review of an unpublished, authored decision of the court of appeals applying a constructive trust to proceeds she collected from a life insurance policy maintained by her late husband, James Pulkkila (James).

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Ineffective Assistance of Counsel

Melvin Wilson, Jr., appeals a judgment convicting him of one count of operating a motor vehicle while intoxicated as a seventh offense and one count of hit and run.

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Land Dispute – Foreclosure

This is a second appeal in this case. See Global Proppant Supply, LLC v. Tuttle, No. 2017AP1137, unpublished slip op. (WI App March 22, 2018) (“Global I”).

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Sufficiency of Evidence

Jamie and Maggie Martinez appeal a judgment, following a jury trial, dismissing their claims against Country Kitchen, its owners Craig and Dawn Dougherty, and its insurer, and an order denying the Martinezes’ post-verdict motions.

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6th Amendment Violation

Michael Henderson appeals a judgment convicting him, after a jury trial, of one count of first-degree intentional homicide.

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Prisoner Trust Accounts

John Litscher, as secretary of the department of corrections, appeals a circuit court order enjoining the department from deducting funds from Marcus Kerby’s prisoner trust account at a rate greater than 25%.

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Jury Instructions

Monica R. Pennell was injured in an automobile accident. Pennell appeals from a money judgment entered in her favor against American Family Mutual Insurance Company, S.I. and Carmella Covelli.

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