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Civil Digest

May 2, 2018

Statutory Interpretation

Three Terms ago, in Johnson v. United States, this Court held that part of a federal law’s definition of “violent felony” was impermissibly vague. See 576 U. S. ___ (2015).

May 2, 2018

Habeas Court – AEDPA (Statute Interpretation)

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) requires a prisoner who challenges (in a federal habeas court) a matter “adjudicated on the merits in State court” to show that the relevant state-court “decision” (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law,” or (2) “was based on an unreasonable determination of th[...]

May 2, 2018

Attorney Disciplinary Proceedings

We review a stipulation pursuant to Supreme Court Rule (SCR) 22.12 between the Office of Lawyer Regulation (OLR) and Attorney Holly Lynn Fulkerson.

May 2, 2018

Attorney Disciplinary Proceedings

We review Referee Allan E. Beatty's recommendation that the court declare Attorney Brandon Buchanan in default and suspend his Wisconsin law license for a period of 60 days for professional misconduct in connection with his work on one client matter and his non-cooperation with the Office of Lawyer Regulation's (OLR) investigation into that misconduct.

May 2, 2018

Sufficiency of Evidence

This is a review of two published decisions of the court of appeals, State v. Hager, 2017 WI App 8, 373 Wis. 2d 692, 892 N.W.2d 740, and State v. Carter, 2017 WI App 9, 373 Wis. 2d 722, 892 N.W.2d 754. Both cases involve the discharge procedure for a person civilly committed as a sexually violent person pursuant to Wis. Stat. ch. 980 (2015-16) ("Chapter 980").

May 2, 2018

Attorney Disciplinary Proceedings

Pending before the court is the report of referee Jonathan V. Goodman, following a hearing and the receipt of a stipulation and supplemental stipulation between the Office of Lawyer Regulation (OLR) and the respondent, Attorney Linda L. Gray.

May 2, 2018

Attorney Disciplinary Proceedings

We review Referee Jonathan V. Goodman's amended report recommending that this court suspend Attorney Daniel J. Rostollan's license to practice law in Wisconsin for a period of two years and direct him to pay restitution as well as the costs of this proceeding.

May 2, 2018

Chapter 51 Commitment-Extension Proceeding – Ineffective Assistance of Counsel

This review involves a Chapter 51 commitment-extension proceeding.

May 2, 2018

Attorney Disciplinary Proceedings

The Office of Lawyer Regulation (OLR) and Attorney Barry S. Wagner have filed a stipulation pursuant to Supreme Court Rule (SCR) 22.12 that Attorney Wagner be publicly reprimanded as discipline reciprocal to that imposed by the Supreme Court of Arizona.

May 2, 2018

Suffiency of Evidence

This is a review of an unpublished court of appeals summary disposition reversing the La Crosse County Circuit Court's foreclosure judgment against Thomas P. Wuensch in favor of Deutsche Bank National Trust Company (Deutsche Bank).

May 2, 2018

Newly Discovered Evidence

In January 2007, a jury convicted David McAlister, Sr. ("McAlister") of attempted armed robbery (threat of force), armed robbery (threat of force) and possession of a firearm by a felon for crimes that occurred in late 2004.

May 1, 2018

Motion to Suppress Evidence Denied

Michael J. Popple appeals a judgment that convicted him of a second or subsequent offense of manufacturing 1000-2500 grams of THC.

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