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Tag Archives: Civil Digest

Public Records – Public Interest Balancing Test

The Estate of Ceasar Stinson and Stinson’s spouse, Chipo Samvura (collectively, “the Estate”), appeal a circuit court order which restrains the Milwaukee County Sheriffs’ Office (MCSO) from releasing an internal affairs file.

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Attorney Disciplinary Proceedings

We review a report filed by Referee Robert E. Kinney, accepting a stipulation executed by Attorney Sandra J. Zenor and the Office of Lawyer Regulation (OLR), in which Attorney Zenor 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.

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Termination of Parental Rights

B.B. and E.B. appeal orders entered by the circuit court terminating their parental rights after a jury found that their children were in continuing need of protection or services. B.B. and E.B. argue that, throughout the grounds phase of the proceeding, the guardian ad litem improperly invoked the children’s best interests in her arguments to the jury and in the testimony she elicited from witnesses.

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Insurance Claim – Coverage – Jurisdiction

Adam Kodra sued Harold Fredd, Fredd’s business, Northern Precision Rifles, and Fredd’s purported homeowner’s insurer, USAA Casualty Insurance Company, alleging that Fredd’s negligence in customizing Kodra’s rifle caused the injuries that Kodra suffered when he subsequently fired the rifle and it exploded.

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Statutory Interpretation – Patient Health Care Records Access

Beatriz Banuelos appeals the circuit court’s dismissal of her complaint alleging that the University of Wisconsin Hospitals and Clinics Authority (UW Health) unlawfully charged her fees for providing, at her request, electronic copies of her patient health care records.

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Sentence Modification

John G. Dahlk appeals pro se from a postconviction court order denying his motions for sentence modification and resentencing.

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Probable Cause – Chemical Testing

Edward R. Gasse appeals the circuit court’s order finding that he unlawfully refused chemical testing of the level of alcohol in his system when requested by the arresting officer in this case.

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Probable Cause – Suppression of Evidence – Breath Test

The State of Wisconsin appeals from the circuit court order suppressing evidence obtained by two Walworth County Sheriff Deputies in the case against Michael T. Paczkowski, who was arrested for operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC), both as second offenses, contrary to WIS. STAT. §§ 346.63(1)(a)&(b) and 346.65(2)(am)2.

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Postconviction Relief – Evidentiary Hearing

Kelly V. Bodoh appeals from an order of the circuit court denying his WIS. STAT. § 974.06 (2019-20) motion for postconviction relief. Because the record conclusively demonstrates that Bodoh was not entitled to relief, we affirm the circuit court’s order denying the motion without an evidentiary hearing.

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Jurisdiction

Richard Wood, pro se, appeals a judgment of eviction entered in favor of STB Investments LLC.

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Time-barred – Malpractice Claim

Brandon Winzer appeals from a circuit court order dismissing his medical malpractice claim against Dr. Hartmann and Mercy Medical Center (Mercy) as time-barred under the applicable statute of limitations, WIS. STAT. § 893.55(1m)(2019-20).

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Termination of Parental Rights

D.W. appeals the circuit court order terminating his parental rights to his child, K.J. D.W. argues that the circuit court erroneously exercised its discretion in granting the petition to terminate his parental rights because the circuit court failed to weigh relevant facts affecting the best interests of the child in consideration of the petition for the termination of parental rights (TPR).

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Restrictive Covenants

Steven Kane, Jacqueline Kane, and Cottage Row Properties, LLC, appeal a summary judgment granted in favor of Stephan Nordstrom, Graycliffe LLC, Carl Curry, and Cynthia Curry (collectively, “the Objectors”).

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Ineffective Assistance of Counsel

Kurt B. Parks appeals his judgment of conviction for possession of narcotic drugs (heroin), and felony bail jumping, as well as an order of the trial court denying his postconviction motion.

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Ineffective Assistance of Counsel

Timothy Christopher Scott, Jr. appeals from a judgment of conviction entered following a jury trial for two counts of first-degree recklessly endangering safety by use of a dangerous weapon, one count of possession of a firearm by a person adjudicated delinquent, and one count of felony bail jumping.

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Right of Refusal – Damages

Germania Real Estate Venture II LLC (“Germania”) and Germania Historic, LLC (“Historic”) appeal an order of the circuit court granting STIR LLC (“STIR”) damages arising from the breach of a commercial lease.

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Equitable Estoppel – Time-barred

Kathleen McCaigue, pro se, appeals orders of the trial court dismissing her numerous claims against several defendants, as set forth in her complaint filed in March 2018, relating to a failed real estate transaction that occurred in December 2005.

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Prisoner – Deliberate Indifference

LaVertis Stewart, an inmate at Dixon Correctional Center, sued the assistant warden, two doctors, and a medical corporation under the Eighth Amendment, claiming that they were deliberately indifferent to his serious medical needs by refusing to grant him an exemption to wearing a restrictive security device, a black box, when he left the facility for medical appointments.

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Sufficiency of Evidence

Richard Grundy III and his network of drug suppliers, couriers, distributors, and dealers trafficked hundreds of pounds of methamphetamine in Indianapolis.

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Contempt of Court – Placement Order

Benjamin Froyen Haddorff appeals from the circuit court’s order denying his motion for contempt, alleging that Susan Kathleen Haddorff, his ex-wife, failed to abide by the placement order concerning the parties’ minor children.

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