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WI Court of Appeals Digest

Aug 2, 2017

Frivolous Appeal – Failure to Prosecute

Steven R. Schmidt, pro se, appeals an order that dismissed his personal injury suit for failure to prosecute.

Jul 26, 2017

Court Error – Suppression Motion Denied

Jimmane Pittman appeals a criminal judgment that convicted him of one felony and two misdemeanor charges.

Jul 26, 2017

Court Error – Sufficiency of Evidence

Milton Warren appeals two related judgments convicting him of being party to the crime of possession with intent to deliver more than 50 grams of heroin, a second or subsequent offense of possession of THC, and contributing to the delinquency of a minor.

Jul 26, 2017

Denial of Post-verdict Motions

Dean Health Systems, Inc., terminated the employment of physician-employee Donald Bukstein “without cause,” pursuant to an “at-will” provision in a written employment agreement between Dean and Bukstein. Bukstein sued Dean for breach of contract and breach of the duty of good faith and fair dealing in connection with the termination.

Jul 26, 2017

Violation of Equal Protection and Due Process Clauses

Adams Outdoor Advertising Limited Partnership (“Adams”) appeals a summary judgment in favor of the City of Madison (“the City”).

Jul 26, 2017

Court Error – Ineffective Assistance of Counsel

Clarence Taylor appeals a judgment of conviction for armed robbery as party to a crime and an order denying postconviction relief.

Jul 26, 2017

Court Error – Jury Instructions and Sufficiency of Evidence

While he was attending a house party in Rockford, Illinois, Andrei Byrd engaged in conduct that led to his arrest by local police on a charge of assault under Illinois criminal law.

Jul 26, 2017

Court Error – Sentencing and Warrantless Evidence

Patrick H. Dalton appeals from a judgment of conviction entered following his plea of no contest to operating a motor vehicle while intoxicated, as a second offense, and operating a motor vehicle with a revoked driver’s license.

Jul 26, 2017

Court Error – Sentencing

Marnie L. Coutino appeals from a judgment of conviction for disorderly conduct and a postconviction order denying her relief from that judgment based on her contention that the circuit court erroneously exercised its discretion in sentencing her.

Jul 26, 2017

Malicious Prosecution Cause of Action

Judith M. Tutkowski commenced this action for malicious prosecution and abuse of process against James A. Rudesill, Attorney Andrew J. Niebler, and Niebler, Pyzyk, Roth & Carrig, Niebler’s law firm (collectively, the defendants).

Jul 26, 2017

Reconsideration and Request for Sanctions

In these consolidated cases, Team Property Management, LLC (Team) appeals from an order granting summary judgment to Thomas Diedrich and vacating a default judgment against Jonathon Diedrich in a small claims lawsuit and an order denying Team’s motion for reconsideration and request for sanctions.

Jul 25, 2017

Court Error – Evidentiary Hearing

Sarah E. Sheppard appeals from an order of the circuit court affirming its decision to find her in contempt.

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