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Civil Digest

Apr 18, 2018

Notice Requirement – Insurance Policy – Underinsured Motorist

The petitioners, Robert and Judith Shugarts, seek review of a published court of appeals decision affirming the circuit court's grant of summary judgment to the Shugarts' underinsured motorist (UIM) carrier.

Apr 18, 2018

Attorney Disciplinary Proceedings

Attorney James Toran appeals a report filed by Referee John A. Fiorenza concluding that Attorney Toran committed three counts of professional misconduct and recommending that Attorney Toran should be ordered to pay restitution and that his license to practice law in Wisconsin be suspended for one year.

Apr 18, 2018

Jurisdiction

The Wisconsin Department of Natural Resources ("DNR") says its appeal in Clean Wisconsin, Inc. v. DNR, 2016AP1688 ("Clean Wisconsin") is pending in the wrong district, and asks us to exercise our supervisory authority to shepherd it to the correct venue.

Apr 18, 2018

Statutory Interpretation

CED Properties, LLC (CED) challenges the special assessment imposed by the City of Oshkosh (City) following the reconfiguration of a traditional traffic light intersection into a roundabout.

Apr 18, 2018

Suppression of Evidence – Blood Test

Collin Gallagher appeals the circuit court’s judgment convicting him of a third intoxicated driving offense.

Apr 17, 2018

Ineffective Assistance of Counsel

Daniel Owens appeals a judgment of conviction for first-degree reckless homicide and armed robbery with use of force, both as party to a crime, and for being a felon in possession of a firearm.

Apr 17, 2018

Eviction

Kenneth and Alecia Erdman appeal pro se from an order denying their motion to vacate a judgment of eviction, asserting that the circuit court prematurely resolved the merits of the eviction action and precluded the Erdmans from filing responsive pleadings and having a trial by jury.

Apr 17, 2018

Trusts & Estates – Distribution

Barbara A. Simonson appeals from a final order of the circuit court approving a final plan of distribution for the Estate of John J. Hohler (the Estate) and the John J. and Jane Hohler Trust (the Trust) and ordering surcharges against Simonson.

Apr 17, 2018

Termination of Parental Rights

D.M.W., Sr. appeals the orders terminating his parental rights to two of his children, D.M.W., Jr. and D.W. D.M.W., Sr. contends that the circuit court erroneously severed his fact finding and disposition hearings, sua sponte, from those of the children’s mother.

Apr 17, 2018

4th Amendment Violation – Seizure

The State appeals the trial court’s grant of a motion to suppress evidence relating to charges brought against Marque D. Cummings for possession of tetrahydrocannabinols (THC).

Apr 17, 2018

Motion to Suppress Evidence Denied

Lindsey Dawayne Neal appeals a judgment of conviction, following a guilty plea, of one count of possession with intent to deliver cocaine (between one and five grams) and one count of obstructing an officer.

Apr 17, 2018

Sufficiency of Evidence

Bobbie Martz appeals a judgment convicting her of perjury as a party to a crime, and an order denying her postconviction motion.

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