Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Weekly Case Digests – January 25, 2021 – January 29, 2021

This is a review of an unpublished decision of the court of appeals, State v. Nash, No. 2018AP731-CR, unpublished slip op. (Wis. Ct. App. May 2, 2019), affirming the Waukesha County circuit court's judgment and order denying Kevin L. Nash's postconviction motion to withdraw his Alford plea.

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Eunice and Larry Poteete (the tenants) appeal a March 2020 order of the circuit court in their action against Nancy Wales (the landlord).

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Mark Diamond appeals an order affirming a decision of the Wisconsin Office of the Commissioner of Insurance.

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Joshua Gehde appeals a judgment of conviction for first-degree reckless homicide and an order denying his post-conviction motion.

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This appeal arises from a 2013 warrantless blood draw from Philip Hawley that police ordered while Hawley was unconscious in the hospital following a motorcycle crash.

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Timothy M. Argall appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense.

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On April 26, 2019, Cristian M. Loga-Negru filed a small claims replevin action against the Racine County District Attorney Patricia Hanson and multiple individuals, seeking return of numerous items seized following his arrest for several felony offenses and retained by the Mount Pleasant Police Department.

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Frank P. Smogoleski was charged with second-degree sexual assault of a person under the influence of an intoxicant.

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The issue is whether the City of Waukesha (City) may appeal from a tax assessment determination by the City of Waukesha Board of Review (Board), which rejected the City assessor’s evaluation, by commencing a certiorari action under WIS. STAT. § 70.47(13) (2017-18).

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Tremaine J. Brown appeals from a judgment convicting him of possession with intent to deliver less than or equal to one gram of a controlled substance within 1000 feet of a park and from the order denying his motion for postconviction relief by which he sought sentence modification.

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Dianne DeGroot appeals from a judgment dismissing her complaint against the Town of Wolf River seeking to quiet title and a declaration that she owns her property free of any claim of Wolf River relating to a public roadway (the road) referred to in her quit claim deed. In the alternative, DeGroot seeks to recover property taxes attributable to the road or to be compensated for Wolf River’s allegedly wrongful taking of her property.

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Richard Pringle appeals a judgment convicting him of one count of second-degree sexual assault of a person who suffers from a mental illness or deficiency, contrary to WIS. STAT. § 940.225(2)(c) (2017-18).

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Andrea Townsend appeals an order of the circuit court dismissing her action against ChartSwap, LLC.

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Jamal Cannon appeals an injunction order granted in favor of the Petitioner, and the denial of a motion for reconsideration.

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Oshay Shayfer Randolph appeals the judgment of conviction, following guilty pleas, to one count of felony murder and one count of attempted burglary, both as a party to a crime.

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John appeals orders committing him to inpatient treatment and involuntary medication for a period of six months.

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Daniel Van Linn appeals a judgment of conviction for fifth-offense operating a motor vehicle while intoxicated (OWI).

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Bruce Terrell Davis appeals the judgment convicting him, upon the jury’s guilty verdicts, of armed robbery with threat of force and burglary of a building or dwelling.

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Andre L. Scott appeals the judgment convicting him, following a jury trial, of two counts of battery, disorderly conduct, and kidnapping.

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Tamara D. Tellock appeals the judgment entered by the Milwaukee County Circuit Court reinstating a loan modification agreement Tellock entered into with US Bank.

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Leroy Stanton, Jr. appeals a judgment of conviction, following a jury trial, of one count of second-degree sexual assault and one count of substantial battery.

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These appeals stem from an action brought in 2010 by Nathson Fields, asserting claims under 42 U.S.C. § 1983 and state law against the City of Chicago and individuals including several Chicago police officers as well as two former Cook County prosecutors.

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This is a case of a disgruntled entrepreneur trying to spin her business difficulties into constitutional claims.

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Federal judges have long been able to release prisoners for compassionate reasons such as terminal illness.

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Paul Elmer owned and operated multiple healthcare-related companies including Pharmakon Pharmaceuticals.

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Fadeel Shuhaiber is confined to a wheelchair. Following the district court’s dismissal of claims he brought against the Illinois Department of Corrections under the Americans with Disabilities Act and Rehabilitation Act, Shuhaiber appealed and, based on his impoverished status, sought permission to proceed on appeal without prepaying the requisite filing fee.

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Devin Dawson violated the conditions of his supervised release after his release from prison.

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Without permission from Epic Systems, Tata Consultancy Services (“TCS”) downloaded, from 2012 to 2014, thousands of documents containing Epic’s confidential information and trade secrets.

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Adel Daoud pressed the button to detonate a bomb that would have killed hundreds of innocent people in the name of Islam.

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