PER CURIAM . 1 We review the report and recommendation of Referee Richard C. Ninneman that Attorney Jevon Jones Jaconi's petition for reinstatement of his license to practice law in Wisconsin be granted. Upon careful of review of the matter, we agree that Attorney Jaconi's license should be reinstated. We also agree with the referee that Attorney Jaconi should be required to pay the full costs of this reinstatement proceeding, which are $2,830.82 as of August 29, 2016. 2 Attorney Jaconi...
ON BYPASS FROM THE COURT OF APPEALS SHIRLEY S. ABRAHAMSON , J. 1 This is an appeal from a judgment and an order of the circuit court for Iowa County, Craig R. Day, Judge. This judgment and order arose in response to the 2013 directions of the court of appeals to the circuit court to enter judgment in favor of Lands' End, Inc., the plaintiff, and against the City of Dodgeville, the defendant, for $724,292.68 "plus statutory interest and other interest or costs to which Lands' End may...
DAVID T. PROSSER , J. 1 This is a review of an unpublished decision of the court of appeals 1 affirming judgments entered in favor of Assurance Company of America 2 (Assurance) against its insured, Fontana Builders, Inc. 3 (Fontana), and Fontana's lender, AnchorBank, FSB (AnchorBank). 2 The case involves a complicated insurance coverage dispute arising out of a 2007 fire that destroyed portions of a high-end custom home that was still under construction in Lake Geneva. The fire...
DAVID T. PROSSER , J. 1 This is a review of an unpublished decision of the court of appeals affirming the circuit court's judgment convicting Stephen LeMere (LeMere) of first-degree sexual assault of a child under the age of 13 and affirming its order denying his postconviction motion to withdraw his plea. 1 2 In Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473 , 176 L.Ed.2d 284 (2010), the Supreme Court of the United States held that the Sixth Amendment requires defense counsel...
MICHAEL J. GABLEMAN , J. 1 This is a review of a published decision of the court of appeals 1 affirming the Dane County circuit court's 2 grant of summary judgment in favor of Peggy Z. Coyne, Mary Bell, Mark W. Taylor, Corey Otis, Marie K. Stangel, Jane Weidner and Kristin A. Voss ("Coyne"). Coyne sought a declaratory judgment that 2011 Wisconsin Act 21 ("Act 21") is unconstitutional as applied to the Superintendent of Public Instruction ("SPI") and the Department of Public Instruction...
ON CERTIFICATION FROM THE COURT OF APPEALS PER CURIAM . 1 The court is equally divided on whether to affirm or reverse the decision of the circuit court for Milwaukee County. Chief Justice Patience Drake Roggensack, Justice Shirley S. Abrahamson, and Justice Ann Walsh Bradley would affirm. Justice David T. Prosser, Justice Annette Kingsland Ziegler, and Justice Michael J. Gableman would reverse. Justice Rebecca G. Bradley did not participate. 2 This court accepted jurisdiction over...
ANN WALSH BRADLEY , J. 1 Petitioners, Patti and David Roberts, seek review of an unpublished court of appeals decision that affirmed the circuit court's order for summary judgment, dismissing their claims. 1 The court of appeals determined that Wisconsin's recreational immunity statute barred the petitioners' claims because Patti Roberts was engaged in the recreational activity of hot air ballooning at the time she was injured. 2 2 Roberts argues that the respondents, Sundog...
ON CERTIFICATION FROM THE COURT OF APPEALS SHIRLEY S. ABRAHAMSON , J. 1 This is an appeal from a judgment and order of the circuit court for Rock County, Michael R. Fitzpatrick, Judge, in favor of United Food & Commercial Workers Union, Local 1473 (and various individuals 1 ), the plaintiffs, against Hormel Foods Corporation, the defendant. The court of appeals certified the appeal to this court pursuant to Wis. Stat. 809.61 (2013-14). 2 2 This is a "donning and doffing" wage and...
PATIENCE DRAKE ROGGENSACK , Chief Justice . 1 We review a published decision of the court of appeals 1 reversing an order of the Ozaukee County Circuit Court 2 that granted summary judgment to The Netherlands Insurance Company (Netherlands) and Evanston Insurance Company (Evanston). Our review centers on a coverage dispute between the insurers and their respective insureds, Jeneil Biotech, Inc. (Jeneil) and Nebraska Cultures of California, Inc. (Nebraska Cultures). The underlying claims...
ANN WALSH BRADLEY , J. 1 Petitioner, Millers First Insurance Company ("Millers First"), seeks review of a published decision of the court of appeals that reversed the circuit court's order for summary judgment. 1 The circuit court determined that Millers First no longer had a continuing duty to defend Menard after the plaintiff, Kenneth Burgraff ("Burgraff"), reached a settlement with Millers First for its proportionate share of the plaintiff's claim. In reversing, the court of appeals...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of an unpublished decision of the court of appeals, State v. Matalonis, No. 2014AP108-CR, unpublished slip op., 2014 WL 7271620 (Wis.Ct. App. Dec. 23, 2014), which reversed the Kenosha County circuit court's 1 judgment of conviction and order denying defendant Charles V. Matalonis's ("Matalonis") motion to suppress evidence of marijuana production in Matalonis's home. Police obtained this evidence while investigating the source of...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of a published decision of the court of appeals, DOJ v. DWD, 2015 WI App 22, 361 Wis.2d 196, 861 N.W.2d 789 , which affirmed the decision of the Dane County circuit court, 1 which reversed the decision of the Equal Rights Division of the Department of Workforce Development ("DWD"). The Equal Rights Division of the DWD concluded that Joell Schigur ("Schigur") had proven by a preponderance of the evidence that the Department of Justice (...
PER CURIAM . 1 The court is equally divided on whether to affirm or reverse the judgment of the circuit court for St. Croix County. This case was argued before the full court; however, Justice N. Patrick Crooks passed away prior to the court's decision. Justice Rebecca G. Bradley was appointed to the court after the court's decision, and therefore did not participate. Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm. Chief Justice Patience...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of an unpublished decision of the court of appeals, State v. Iverson , No. 2014AP515-FT, unpublished slip op., 2014 WL 5028203 (Wis.Ct.App. Oct. 9, 2014), which affirmed the order of the La Crosse County circuit court 1 granting defendant Daniel S. Iverson's ("Iverson") motion to suppress evidence of drunk driving obtained by an officer of the state traffic patrol during a traffic stop of Iverson's vehicle. 2 Iverson asserts that the...
MICHAEL J. GABLEMAN , J. 1 These cases arise from a John Doe proceeding originally initiated in Milwaukee County, and subsequently expanded to four additional counties, Iowa County, Dodge County, Dane County, and Columbia County. Though not consolidated, these proceedings have been overseen by a single John Doe judge and organized by a single special prosecutor (Francis Schmitz). For the sake of clarity, we will refer to all five proceedings as a single "John Doe investigation." The...
DAVID T. PROSSER , J. 1 This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. 809.61 (2011-12). 1 The court of appeals certified the case asking this court to clarify precedent related to erroneous jury instructions in criminal trials. 2 Maltese Lavele Williams (Williams) and two accomplices attempted to rob Michael Parker (Parker) in Parker's home on the evening of January 14, 2013. During the robbery, Parker and a houseguest, Authur...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of an unpublished decision of the court of appeals, 1 which reversed the Milwaukee County Circuit Court's 2 judgment of conviction and order denying Hatem Shata's ("Shata") post-conviction motion to withdraw his guilty plea to one count of possession with intent to deliver marijuana, as party to a crime. 2 Shata argues that the circuit court erred by denying his motion to withdraw his guilty plea. He argues that he should be allowed...
PER CURIAM . 1 Attorney David J. Winkel appeals the report of Reserve Judge Robert E. Kinney, referee, recommending discipline of a four-month license suspension and the imposition of costs. The referee found that Attorney Winkel committed all of the five charged counts of misconduct that were tried at a hearing before the referee. The ethical violations which the referee determined Attorney Winkel committed include incompetent representation, lack of diligence, failure to properly...
SHIRLEY S. ABRAHAMSON , Chief Justice . 1 This is a review of a published decision of the court of appeals affirming a judgment and order of the Circuit Court for Juneau County, John P. Roemer, Judge. 1 2 This case arises from the collision of a passenger automobile driven by Ronald J. Dakter, the plaintiff, 2 and a 65-foot semi-trailer truck operated by Dale Cavallino, the defendant. 3 After a 10-day trial, the jury found the defendant 65 percent causally negligent and the...
PATIENCE DRAKE ROGGENSACK , C.J. 1 This sentence credit case arises from Andrew M. Obriecht's convictions of seven misdemeanors and one felony, wherein we review a decision of the court of appeals 1 that affirmed the circuit court's 2 denial of Obriecht's motion for sentence credit. 3 The circuit court agreed that Obriecht was due sentence credit, but the court refused to apply the credit to his incarceration, and instead, applied the credit to Obriecht's parole following...
