In Re the Discipline of Weisensee

296 N.W.2d 717, 1980 S.D. LEXIS 386
CourtSouth Dakota Supreme Court
DecidedSeptember 17, 1980
Docket12729
StatusPublished
Cited by15 cases

This text of 296 N.W.2d 717 (In Re the Discipline of Weisensee) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Discipline of Weisensee, 296 N.W.2d 717, 1980 S.D. LEXIS 386 (S.D. 1980).

Opinions

WOLLMAN, Chief Justice.

Following receipt of a certified copy of an order adjudging George Weisensee (respondent) guilty of the offense of attempted disposal of mortgaged property, we entered an order pursuant to SDCL 16-19-37 on April 17, 1979, suspending respondent from the practice of law pending final disposition of disciplinary proceedings against him. Those proceedings having been completed, we now determine that respondent must be disbarred.

Respondent and one Conroy Langloss were charged by information with the crime of attempting to dispose of mortgaged property, a violation of SDCL 32-3-47. In pertinent part the information charged:

[Tjhat on or about the 16th day of December, 1977, in the County of Minne-haha, State of South Dakota, George Weis-ensee and Conroy Langloss did commit the public offense of Attempting to Dispose of Mortgaged Property, a violation of SDCL 32-3-47 in that Conroy Lan-gloss and George Weisensee did, knowingly, willfully, and with intent to defraud, attempt to permanently dispose of a 1977 Ford pickup, Vehicle Identification Number 484343862, by selling it to Marc Norlin, without having first obtained the written permission of Ford Motor Credit Corporation, who held a lien on that vehicle, and without discharging or performing the conditions imposed by that lien.

On September 11, 1978, respondent, accompanied by counsel, and Langloss appeared before the circuit court and waived preliminary hearing, whereupon the State offered to present a stipulation of facts prepared pursuant to a plea bargain agreed to by respondent. Before permitting the State to proceed, the trial court asked re[718]*718spondent’s counsel whether he would stipulate that the facts contained in the stipulation would be those adduced if the State went to trial, to which counsel replied:

BY MR. BURKE: Your Honor, I am fully aware and so is Mr. Weisensee. We have had first hand contact with the facts that the State is going to ask to be stipulated to and we will stipulate that if their witnesses were called in any sequence that they would testify in substance as Mr. Wilbur is going to state to the Court.

The State then read the following statement into the record:

BY MR. WILBUR: All right, Your Honor. The State would first prove that sometime in the first two (2) weeks in December, 1977, Mr. Marc Norlin, who is employed by a real estate agent in Sioux Falls and who is a part time policeman for the City of Sioux Falls, had a contact with Mr. George Weisensee concerning the purchase of a pickup at less than the usual rate. The State would also prove that on December 15, 1977, George Weis-ensee contacted Mr. Norlin and told him that he had such a pickup truck available. He expected the truck to be coming from Iowa that evening and would call Norlin back. On December 16th, Weisensee called Norlin at Dean Pearson Realty. They had another discussion concerning the vehicle and pursuant to that discussion they met at the Red Rock Lounge at the Airport Holiday Inn at 3:30 P.M. on December 16th. That afternoon we would prove that Mr. Weisensee, Mr. Norlin and Mr. Langloss met at the Holiday Inn. Upon arrival Mr. Weisensee inquired of Mr. Norlin if he was wired up or if he had any contact with the police officers. Mr. Norlin denied that. They then discussed the purchase of a vehicle. Langloss and Weisensee explained they were asking Twenty-Five Hundred ($2500.00) Dollars for the vehicle, which was a 1977 Ford One-Half (½) Ton Pickup, Four Wheel Drive. It was approximately two (2) months old at the time. They said they would take no checks. They wanted cash and at that time Mr. Weisensee stated that there was a problem with the title to the vehicle and Mr. Norlin would have to acquire a title by himself. There was some discussion concerning the fact that the pickup was “hot.” Mr. Langloss suggested to Norlin that he bring a new set of license plates for the pickup because he was going to remove the plates that were on the pickup truck at the time of the sale. They agreed to meet at 6:00 P.M. with the vehicle for the inspection of the vehicle. Before that time Sioux Falls Police acquired Twenty Five Hundred ($2500.00) Dollars, had the money marked with fluorescent ink and recorded as to serial number. At 6:30 P.M. Mr. Norlin met Weisensee and Langloss at the Airport Holiday Inn and they then had some discussion concerning buying the pickup. They went outside to inspect it and pursuant to the inspection Mr. Norlin gave the Defendants Langloss and Weisensee nineteen (19) One Hundred ($100.00) Dollar bills and twelve (12) fifty ($50.00) Dollar bills and at that time Langloss took the money and Weisensee gave the pickup keys to Norlin. There were further statements by both Mr. Weisensee and Mr. Langloss concerning the fact that it would be best to have the pickup painted as soon as possible and the mud flaps should be removed because they are identifying characteristics. Pursuant to the vehicle changing hands the parties got up to leave and Officer Ed Flowers, Officer Hanson and Officer Clauson from the Sioux Falls Police arrested them. It was later determined that the pickup at the time was registered to Mr. Larry Yibbard and his wife, Shirley Vibbard, at Belmont, Iowa and that there was a lien on the pickup. The lien was held by Ford Motor Credit Corporation of Des Moines, Iowa, who had given no permission for the sale or other disposal of that vehicle. The State would also prove that Mr. Vib-bard stated that he had, in fact, lended [sic] the pickup to Mr. Langloss. Pursuant to the arrest-let’s see-both parties declined to make any statements. That would conclude the facts that the State [719]*719would elicit during it’s [sic] case in chief, I believe.

Following a conference between respondent and his counsel, the following colloquy took place:

BY MR. BURKE: The Defendant wants me to be certain to point out that he is not admitting those are the facts. I guess the record should show that. We are stipulating only that that is what their witnesses would testify to if they were called.
BY THE COURT: I understand that but it is my understanding that this procedure of stipulating to the facts, that this is what their witnesses would testify, is in lieu of entering a plea to this charge and, of course, these facts would then be used by the Court, if it is to be done this way, for a basis of a finding of either guilty or not guilty. Isn’t that correct?
BY MR. BURKE: That is correct.
BY THE COURT: So I don’t want to get cross roads here. That-either he is stipulating that these are the facts that if these witnesses were to testify and that the Court can use these facts as a basis for entering any finding. Is that correct?
BY MR. BURKE: That is correct.
BY THE COURT: Is that correct, George?
BY MR. WEISENSEE: Yes, Your Honor.

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In Re the Discipline of Weisensee
296 N.W.2d 717 (South Dakota Supreme Court, 1980)

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Bluebook (online)
296 N.W.2d 717, 1980 S.D. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-discipline-of-weisensee-sd-1980.