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Tag Archives: WI Supreme Court Digest

Statutory Authority – Petitions for Election

This is a review of a published decision of the court of appeals, Wis. Ass'n of State Prosecutors v. Wis. Emp't Relations Comm'n, 2016 WI App 85, 372 Wis. 2d 347, 888 N.W.2d 237, [hereinafter "WASP"], affirming the Milwaukee County circuit court's1 declaration that the Wisconsin Employment Relations Commission ("WERC") exceeded its authority under Wis. Stat. ch. 111 (2013-14)2 in promulgating Wis. Admin. Code chs. ERC 70 and 80, and the circuit court's subsequent order that WERC hold certification elections for the Wisconsin Association of State Prosecutors ("WASP") and the Service Employees International Union, Local 150 ("SEIU").

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Attorney Disciplinary Proceedings

We review the report of the referee, Richard M. Esenberg, regarding the Office of Lawyer Regulation's (OLR) complaint in this matter against Attorney George W. Curtis, Jr. At all times relevant to this matter, Attorney Curtis operated the Curtis Law Office in Oshkosh, Wisconsin (hereafter, the "firm"), as a sole proprietorship.

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Probable Cause

This case involves a civil suit against the District of Columbia and five of its police officers, brought by 16 individuals who were arrested for holding a raucous, latenight party in a house they did not have permission to enter.

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Sufficiency of Evidence

This is a review of an unpublished decision of the court of appeals, State v. Dorsey, No. 2015AP648-CR, unpublished slip op. (Wis. Ct. App. Dec. 6, 2016) (per curiam), affirming the Eau Claire County circuit court's judgments of conviction for Anton R. Dorsey ("Dorsey") for three crimes related to his domestic violence toward C.B.

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Property – Public Trust

David and Diane Lobermeier appeal a decision of the court of appeals, affirming the circuit court's judgment entered in favor of Jerome and Gail Movrich regarding their asserted right to install a pier and to access the Sailor Creek Flowage directly from their shoreline property.

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Sentencing Guidelines – Expunction

This is a review of a published decision of the court of appeals, State v. Arberry, 2017 WI App 26, 375 Wis. 2d 179, 895 N.W.2d 100, affirming the Fond du Lac County circuit court’s denial of Diamond J. Arberry's ("Arberry") postconviction motion seeking expunction pursuant to Wis. Stat. § 973.015 (2013-14)3 vis-à-vis sentence modification under Wis. Stat. § 809.30(2)(h).

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Property Tax Assessment

The petitioner, Metropolitan Associates (Metropolitan), seeks review of an unpublished court of appeals decision affirming the circuit court's determination, which in turn affirmed the City of Milwaukee's (the City) tax assessment of property owned by Metropolitan.

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Fourth Amendment Violation

We are asked to decide whether the police violated Frederick S. Smith's Fourth Amendment rights when a police officer asked for his driver's license during a traffic stop even though reasonable suspicion for the stop dissipated as the officer approached the car, or when the police officer opened the passenger door after being told the driver's door and window were broken.

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Attorney Disciplinary Proceedings

We review the report and recommendation of Referee Richard M. Esenberg that Attorney Robert W. Horsch be publicly reprimanded for professional misconduct and that he pay the full costs of this proceeding, which are $1,797.03 as of February 7, 2017. The Office of Lawyer Regulation (OLR) asked that, in addition to the public reprimand, the court impose various conditions on Attorney Horsch.

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Disciplinary Proceedings

In this disciplinary proceeding, we are asked to determine whether Attorney Ronald L. Brandt's license to practice law in Wisconsin should be revoked, as discipline reciprocal to that imposed by the Supreme Judicial Court of Massachusetts.

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Attorney Disciplinary Proceedings

We review Referee Jonathan V. Goodman's recommendation that the court declare Attorney Sergio Magaña in default and revoke his Wisconsin law license in connection with his work in 22 client matters, his non-cooperation with the Office of Lawyer Regulation's (OLR) investigation into his conduct, his conviction for misdemeanor operating while intoxicated (second offense), and his failure to report that conviction to the OLR and the clerk of this court.

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Attorney Disciplinary Proceedings

We review the report and recommendation of Referee Jonathan V. Goodman, approving a stipulation filed by the Office of Lawyer Regulation (OLR) and Attorney Tiffany T. Luther and concluding that Attorney Luther committed the professional misconduct alleged by the OLR, as stipulated by the parties.

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Ineffective Assistance of Counsel

The ineffective assistance of counsel issue raised requires consideration of whether counsel was ineffective for any of the following reasons: (1) failing to move to dismiss the disorderly conduct charge on the basis that it violated Breitzman's constitutional right to free speech; (2) failing to present opening remarks consistent with Breitzman's anticipated testimony; and (3) failing to object to testimony regarding other uncharged conduct.

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