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Civil Digest

May 30, 2018

Attorney Disciplinary Proceedings

The Office of Lawyer Regulation (OLR) and Attorney Philip M. Kleinsmith have filed a stipulation pursuant to Supreme Court Rule (SCR) 22.121 agreeing that Attorney Kleinsmith's license to practice law in Wisconsin should be revoked, as discipline reciprocal to that imposed by the Supreme Court of Colorado.

May 30, 2018

Attorney Disciplinary Proceedings

We review the report and recommendation of Referee John B. Murphy that Attorney Michael R. Bauer's license to practice law in Wisconsin be suspended for a period of one year for professional misconduct and that he pay the full costs of this proceeding, which are $15,727.40 as of April 25, 2018.

May 30, 2018

Statutory Interpretation

When one company purchases the assets of another, our law normally does not make the former responsible for the latter's liabilities.

May 30, 2018

Suppression of Evidence – Blood Test

Keith Wall was convicted of operating a motor vehicle while intoxicated, third offense.

May 30, 2018

Ineffective Assistance of Counsel

James Lumpkin appeals a judgment of conviction and an order denying his postconviction motion.

May 30, 2018

Dog Bite – Insurance Coverage

The victims of a dog attack by “Tank,” as well as Tank’s owners, ask that we reform the owner’s homeowner’s insurance policy so as to provide coverage for damages Tank caused to the victims.

May 30, 2018

Sufficiency of Evidence – Warrantless Seizure

Bradley J. Nybo appeals from a judgment convicting him of one count of attempted second-degree sexual assault of a child and four counts of possessing child pornography.

May 30, 2018

Motion to Suppress Denied

WI Court of Appeals – District II Case Name: State of Wisconsin v. Dylan D. Radder Case No.: 2016AP1954-CR Officials: Reilly, P.J., Gundrum and Hagedorn, JJ. Focus: Motion to Suppress Denied Dylan D. Radder was arrested for operating a motor vehicle while intoxicated (OWI), and he appeals from an order denying his amended pretrial motion […]

May 30, 2018

Trusts & Estates – Distribution and Attorney Fees

From 1997 until 2016, Gary Milliette served as trustee of the Margarete Marthe Milliette 1997 Irrevocable Trust (the Trust), which was established by Gary’s mother, Audrey Milliette, for the benefit of his sister, Margarete Marthe Milliette.

May 30, 2018

Court Error – Foreclosure

Linda Middaugh-Pirkov (Middaugh), pro se, appeals a summary judgment of foreclosure in favor of Rural Housing Service f/d/b Farmers Home Administration (RHS).

May 30, 2018

Sentencing – Probation

John Nelson appeals an amended judgment sentencing him to prison after the revocation of a deferred judgment agreement as well as an order denying his motion for postconviction relief.

May 30, 2018

Sufficiency of Evidence

Terrell Dawon Essex appeals from a judgment of conviction, following a jury trial, of one count of being a felon in possession of a firearm, as a repeater, and one count of first-degree reckless homicide by use of a dangerous weapon as a party to a crime.

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