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Case Digests

Court Error – Termination of Parental Rights

WI Court of Appeals – District IV Case Name: Dane County Department of Human Services v. J.B. Case No.: 2016AP2422 Officials: Lundsten, J. J.B. appeals the circuit court’s order terminating her parental rights to J.B.-A. based on the “continuing CHIPS” ...

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Contract Interpretation – Summary Judgment

WI Court of Appeals – District IV Case Name: Dean McConley v. T.C. Visions, Inc, et al Case No.: 2016AP671 Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ. Dean McConley appeals the circuit court’s judgment dismissing his claims against his former ...

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Court Error – Sentencing

WI Court of Appeals – District IV Case Name: State of Wisconsinv . Dennis L. Marsh Case No.: 2016AP187-CR Officials: Kloppenburg, P.J., Sherman, and Blanchard, JJ. A jury found Dennis L. Marsh guilty of battery by a prisoner, first-degree reckless ...

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Bail Jumping – Court Error – Motion to Suppress

WI Court of Appeals – District IV Case Name: State of Wisconsinv . Timothy C. Eigner Case No.: 2015AP2425-CR; 2015AP24260-CR Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ. Timothy Eigner was charged with possession of drug paraphernalia and possession of methamphetamine ...

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Ordinance Violation

WI Court of Appeals – District II Case Name: City of OshKosh v. Joseph E. Kubiak Case No.: 2016AP804 Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ. The City of Oshkosh has a special events ordinance that requires an “organizer” of ...

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Sufficiency of Evidence

WI Court of Appeals – District II Case Name: Waukesha county v. Kimberly A. Ridl Case No.: 2016AP554 Officials: Hagedorn, J. Kimberly A. Ridl appeals from judgments convicting her of operating a motor vehicle while intoxicated (OWI) and refusing to ...

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OWI – Mistrial

Venue: WI Court of Appeals – District II Case Name: City of New Berlin v. Bryon R. Hrin Case No.: 2016AP239 Officials: Hagedorn, J. Bryon Hrin appeals from a judgment affirming his municipal court conviction for operating a motor vehicle ...

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Sufficiency of Evidence

Venue: WI Court of Appeals – District II Case Name: State of Wisconsin v. Javier Garcia Case No.: 2015AP1957-CR Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J. Javier Garcia appeals from judgments convicting him of first-degree intentional homicide, aggravated battery ...

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Termination of Parental Rights

WI Court of Appeals – District I Case Name: State of Wisconsin v. D.P.V. Case No.: 2016AP2037 Officials: Brenna, P.J. The State appeals a trial court order dated June 14, 2016, that terminated the parental rights of D.P.V. and included ...

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OWI – Blood Draw – Motion to Suppress

WI Court of Appeals – District III Case Name: State of Wisconsin v. Eric M. Doule Case No.: 2016AP1146-CR Officials: Hruz, J. Eric Doule appeals a judgment of conviction for third offense operating a motor vehicle while intoxicated (OWI). Doule ...

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Resentencing – Presentence Report

WI Court of Appeals – District III Case Name: State of Wisconsin v. Charles J. Hertleben Case No.: 2016AP1066-CR Officials: Stark, P.J., Hruz and Seidl, JJ Charles Hartleben appeals a judgment of conviction and an order denying his postconviction motion ...

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Appraisal – Court Error

WI Court of Appeals – District III Case Name: Swiderski Equipment, Inc. et al v. James Swiderski, et al Case No.: 2016AP700 Officials: Stark, P.J., Hruz and Seidl, JJ. This case is before us for a second time. In a ...

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4th Amendment – OWI Motion to Suppress

WI Court of Appeals – District III Case Name: Village of Ashwaubenon v. Mark J. Bowe Case No.: 2016AP594 Officials: Seidl, J. Mark Bowe appeals a judgment finding him guilty of one count of first-offense operating a motor vehicle while ...

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Ineffective Assistance of Counsel

WI Court of Appeals – District I Case Name: State of Wisconsin v. Daniel Anderson, Jr. Case No.: 2015AP2593-CR Officials: Brennan, P.J., Kessler and Brash, JJ. Daniel Anderson, Jr., appeals a judgment convicting him of two counts of child enticement. ...

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Sentencing – Sentence Credit

Venue: WI Court of Appeals – District I Case Name: State of Wisconsin v. Aman Deep Singh Case No.: 2015AP2092-CR; 2015AP2093-CR Officials: Brennan, P.J., Kessler and Brash, JJ. Aman Deep Singh, pro se, appeals the order denying in part his ...

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Workplace Injury

WI Court of Appeals – District I Case Name: Erie Barry v. Labor and Industry Review Commission et al Case No.: 2015AP1853 Officials: Stark, P.J., Hruz and Seidl, JJ. Erie Barry appeals a circuit court order affirming a decision of ...

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Recording

7th Circuit Court of Appeals Case Name: United States of America v. Cornelius Paxton, et al and Matthew Webster Case No.: 14-2913; 15-1294 Officials: POSNER, RIPPLE, and ROVNER, Circuit Judges. The district court suppressed the covertly recorded statements that the ...

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Breach of Contracts

7th Circuit Court of Appeals Case Name: Evergreen Square of Cudahy, et al v. Wisconsin Housing & Economic Development Authority Case No.: 16-1475 Officials: BAUER, ROVNER, and HAMILTON, Circuit Judges. Evergreen Square of Cudahy (“Evergreen Square”), Grant Park Square Apartments ...

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FDCPA – Request to Amend

7th Circuit Court of Appeals Case Name: Laura Zuniga, et al v. Pierce and Associates; Kimtylery Heng, et al v. Heavner, Byers & Mihlar, LLC; Justin Gierke v. Codilis & Associates, LLC Case No.: 16-1668; 16-2051 Officials: WOOD,Chief Judge, and ...

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Standing

7th Circuit Court of Appeals Case Name: Marquise Wright v. Calumet City, Illinois Case No.: 16-2219 Officials: WOOD, Chief Judge, and BAUER, and ROVNER, Cir‐ cuit Judges. On or around December 22, 2014, Marquise Wright was arrested by police officers ...

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First Amendment – Due Process

7th Circuit Court of Appeals Case Name: Brian Roake v. Forest Preserve District of Cook County, et al Case No.: 16-2976 Officials: WOOD, Chief Judge, and MANION and WILLIAMS, Circuit Judges Brian Roake, a former police officer for the Forest ...

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Malicious Act – Jury Instruction

7th Circuit Court of Appeals Case Name: United States of America v. Samuel L. Bradbury Case No.: 16-1532 Officials: WOOD, Chief Judge, and POSNER and HAMILTON, Circuit Judges. On June 8, 2014, Jerad and Amanda Miller, originally of Lafayette, Indiana, ...

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8th Amendment violations

7th Circuit Court of Appeals Case Name: Lamonte Lake v. Wexford Health Sources, Inc. et al Case No.: 15-2360 Officials: WOOD, Chief Judge, and POSNER and KANNE, Circuit Judges Lamonte Lake, a prisoner at Illinois’ Hill Correctional Center, claims in ...

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Motion to Withdraw as Counsel – Revocation

7th Circuit Court of Appeals Case Name: United States of America v. Michael Peterson Case No.: 16-2493; 16-2494 Officials: WOOD, Chief Judge, and POSNER and KANNE, Circuit Judges In 2006 Michael Peterson was convicted of distributing crack cocaine, see 21 ...

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Deliberate Indifference

7th Circuit Court of Appeals Case Name: Nathaniel Harper v. Venero M. Santos, et al Case No.: 15-1903 Officials: EASTERBROOK, KANNE, and HAMILTON, Circuit Judges. Nathaniel Harper, an Illinois prisoner, sued a prison doctor, Venerio Santos, and nurse, Terri Dean, ...

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