Wrap-up of Stafford Rosenbaum Recent and Imminent Appellate Arguments
On January 27, 2016, Stafford Rosenbaum senior associate Erika L. Bierma argued United States v. Harrington, Nos. 14-3010 & 14-3028, before the U.S. Court of Appeals for the Seventh Circuit.
This case deals with whether or not Mr. Harrington knowingly and voluntarily waived his right to counsel at sentencing. Mr. Harrington was represented by prior counsel (not Stafford Rosenbaum) at his trial and during post-trial motions. However, the district court determined he waived his right to counsel at sentencing. Mr. Harrington received a 360-month sentence in the district court. Ms. Bierma represented him on a direct appeal from the U.S. District Court for the Central District of Illinois, Peoria Division.
On February 4, 2016, Stafford Rosenbaum partner Paul W. Schwarzenbart argued OLR v. Gatzke, No. 13AP1918-D, before the Wisconsin Supreme Court.
Attorney James Gatzke appealed from the Referee’s report and recommendation concluding that the Office of Lawyer Regulation had satisfied its burden of proof on all 45 disciplinary counts alleged in the Second Amended Complaint and recommending that Gatzke’s license to practice law be revoked as a sanction for the misconduct. On appeal, Gatzke contested the Referee’s findings of fact that he had converted client funds and challenged the severity of the Referee’s disciplinary recommendation. Mr. Schwarzenbart represented the Office of Lawyer Regulation as Retained Counsel under Wisconsin Supreme Court Rule 21.05(2).
On March 16, 2016, Stafford Rosenbaum partner Amie Trupke will represent the City of Dodgeville in oral argument of Lands’ End, Inc. v. City of Dodgeville, No. 15-AP-179, before the Wisconsin Supreme Court.
This case deals with statutory interest on an offer of settlement. Specifically, the question presented is whether a party is entitled to interest on an unaccepted statutory offer of settlement at the time judgment is entered, as provided by statute, or at the rate in effect when the offer of settlement was made.The Circuit Court agreed with the City and held that a party is entitled to interest at the time judgment is entered as provided by Wis. Stat. §807.01(4).After Lands’ End appealed, the Wisconsin Supreme Court granted the City’s motion to bypass the Court of Appeals.