court of appeals decision (3-judge, not recommended for publication); for Voeller: Steven G. Richards; BiC; Resp.; Reply Counsel – Sanction – Appendix ¶9 n. 3: Contrary to the State’s certification, the appendix does not include the trial court’s findings or opinion. The transcript of the oral findings and opinion should have been included in the… Read more
G. Sanctions
State v. Patrick M. Zurkowski, No. 2009AP929-CR, District III, 6/22/10 court of appeals decision (3-judge, not recommended for publication); for Zurkowski: Michael J. Fairchild; BiC; Resp. 1st-Degree Intentional Homicide – Sufficient Evidence, Intent ¶13 That Zurkowski killed June through a combination of repeated blows and cutting her tongue with a ceramic object he crammed in her… Read more
court of appeals decision (1-judge; not for publication); for Manske: Jennifer R. Drow; BiC; Resp.; Reply Traffic Stop – Reasonable Suspicion ¶16 Manske submits that because his driving was in some respects not consistent with an impaired driver, Galipo did not have reasonable suspicion to stop him. However, the test for reasonable suspicion… Read more
OLR v. Joan M. Boyd, 2010 WI 41 Various derelictions warrant 12-month license suspension, consecutive to already-imposed suspensions. The Counts include various failures to act competently and to keep her client reasonably informed in a number of postconviction actions. In one instance, lack of diligence led to loss of the federal habeas statute of limitations… Read more
Wisconsin supreme court decision Sixty-day suspension imposed for conceded misconduct consisting of: failure to take timely action with respect to civil forfeiture action against client; failure to respond to client’s reasonable requests for information and to timely communicate case developments; failure to explain legal implications of various dealings related to representation, ¶20. ¶28 Contrary to… Read more
court of appeals decision (1-judge; not for publication); pro se; Resp. Br. Controlled Substance – Prescribed by Out-of-State Doctor Possession of marijuana, prescribed by California doctor under laws of that state, may be prosecuted in Wisconsin: though an exception exists for possession obtained by prescription from a “practitioner,” § 961.41(3g), the practitioner must be licensed… Read more
Wisconsin supreme court decision Public reprimand for: “over-litigating” small claims case; taking position adverse to clients’ interest; pursuing frivolous argument; “making a baseless statement” about opposing counsel/party. Seven-plus years ago, counsel assumed representation of two debtors trying to get out of a $491.36 bill for medical services. The dust from the ensuing litigation volcano settles… Read more
S.C. Johnson v. Milton E. Morris, 2010 WI App 6, PFR filed 12/30/09 Issue/Holding: ¶5 n. 1: We note that neither Russell’s nor Buske’s appellate counsel properly cite to the record. Record cites are often missing. An appellate court is improperly burdened where briefs fail to consistently and accurately cite to the record. Meyer v… Read more
