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4. Equitable Estoppel

State v. Keith D. McEvoy, 2015AP1262, District 4, 12/30/2015 (one-judge decision; ineligible for publication); case activity (including briefs) Under the facts of this case, the temporary suspension of McEvoy’s license based on his blood alcohol content didn’t equitably estop the State from seeking to revoke his license based on his refusal to submit to a chemical test of… Read More

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State ex rel. Ardonis Greer v. Wayne J. Widenhoeft, 2014 WI 19, affirming a published court of appeals decision; case activity; Majority opinion:  Justice Ziegler; Dissent: Justice Bradley and C.J. Abrahamson The DOC assured Greer his probation was over and issued a discharge certificate to that effect.  In truth, his probation term hadn’t yet expired… Read More

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Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation  As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read More

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State v. James M. Drown, 2011 WI App 53; for Drown: Shelley Fite, SPD, Madison Appellate; case activity As a matter of law, equitable estoppel doesn’t bar prosecution of a crime. After pleading guilty to Shawano County charges related to an abduction and assault, Drown was charged in Oconto based on the same incident. The… Read More

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