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Case Digests – WI Court of Appeals

Jury Instruction

Humphrey appeals from a judgment of conviction for homicide by negligent handling of a dangerous weapon and an order of the trial court denying his motion for postconviction relief.

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Police Department Employee Promotion

The Milwaukee Police Association and Brian J. Young (collectively MPA) appeal the circuit court order affirming the decision by the Board of Fire and Police Commissioners for the City of Milwaukee (the Board) to deny Young a promotion to detective in the Milwaukee Police Department (MPD).

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Jurisdiction of Trial Court

Boon, pro se, appeals his judgment of conviction for causing mental harm to a child, chronic neglect of a child causing emotional damage, and false imprisonment, all as a party to a crime.

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Fourth Amendment

Always Towing and Recovery, Inc. and Jason Pehowski (collectively Always Towing) appeal an order of the circuit court granting summary judgment in favor of the City of Milwaukee.

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Ineffective Counsel

Keonta Latrez Moore appeals his judgment of conviction for one count of first-degree reckless injury, one count of first-degree recklessly endangering safety, and possession of a firearm by a felon.

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Class Certification

Cave Enterprises Operations, LLC (Cave) appeals the circuit court order granting class certification on the basis of unlawful deprivation of overtime wages to a class of salaried general managers and assistant general managers of Burger King restaurants at Wisconsin locations that were owned and operated by Cave.

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Termination of Parental Rights

Elizabeth appeals from an order of the circuit court terminating her parental rights to her son, Everett.2 On appeal, she argues that the circuit court erroneously exercised its discretion at the disposition hearing when it weighed the factors found in WIS.

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Improper Comments

Groenewold appeals a judgment, entered following a jury trial, convicting him of one count of using a computer to facilitate a child sex crime and three counts of causing a child to view sexual activity.

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Name Change – Discretion

This appeal addresses whether a transgender individual (Robert) met the statutory requirements for a confidential name change under WIS. STAT. § 786.37(4) (2019-20).

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Ineffective Assistance of Counsel

Marquise Lamont Brown appeals his judgment of conviction for second-degree reckless homicide with the use of a dangerous weapon, as a party to a crime, and for being a felon in possession of a firearm.

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Right to Counsel

Lantz appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), as a seventh offense.

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Sentencing Guidelines

Container Life Cycle Management LLC appeals the judgment and order entered in favor of Mid America Steel Drum Properties, LLC, a reconditioner of steel drums, and 17H LLC (collectively, Mid America), upon a jury verdict which found that Container Life had committed trespass and unlawfully withheld possession of several parcels owned by Mid America, and was unjustly enriched by that conduct.

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Ineffective Assistance of Counsel

Dallas Eugene Robinson appeals from a judgment of conviction, following a jury trial, for felony murder as a party to the crime and from an order denying his motion for postconviction relief.

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Ineffective Assistance of Counsel

Ahmed Al Bawi appeals from a judgment convicting him of third-degree sexual assault and from an order denying his postconviction motion to withdraw his no-contest plea.

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