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

Weekly Case Digests – January 4, 2019 – January 11, 2019

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The Armed Career Criminal Act requires a federal sentencing judge to impose upon certain persons convicted of unlawfully possessing a firearm a 15-year minimum prison term.

Tagged with: Civil Digest SCOTUS Digest

Attorney Daniel Parks has appealed a report filed by Referee William Eich concluding that Attorney Parks committed eight of 14 alleged counts of professional misconduct and recommending that Attorney Parks' license to practice law in Wisconsin be suspended for 14 months, rather than the two-year suspension sought by the Office of Lawyer Regulation (OLR).

Tagged with: Civil Digest WI Supreme Court Digest

Ray Peterson filed this small-claims action in which he (1) alleged that Stanley Beatty, doing business as Abner Boiler and Heating Company, was responsible for the failure of a boiler approximately one year after Beatty installed the boiler, and (2) sought reimbursement of the cost to replace that boiler.

Tagged with: Civil Digest WI Court of Appeals Digest

Kristy Malnory appeals a judgment of conviction following a jury trial for operating a motor vehicle with a prohibited alcohol concentration (PAC), second offense, contrary to WIS. STAT. § 346.63(1)(b), and an order denying her postconviction motion for a new trial on the ground of ineffective assistance of counsel.

Tagged with: Civil Digest WI Court of Appeals Digest

Mariano Cabrera appeals his judgments of conviction and an order denying his postconviction motion for resentencing in these consolidated appeals.

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A.A. appeals from an order extending his involuntary commitment, asserting his original commitment had already expired by the time of the extension, thus depriving the circuit court of competency to make the extension.

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Jason D. Barnhill appeals from a judgment of conviction and an order denying his motion for sentence modification.

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Shawn A. Hodgkins appeals from a judgment of conviction and an order denying his postconviction motion, arguing that the judgment should be amended to stay the collection of court costs until his probation begins and that his prison sentence should be reduced in light of the victim’s postsentencing letter requesting a reduced sentence to allow Hodgkins to help parent their child.

Tagged with: Civil Digest WI Court of Appeals Digest

Troy Paulson, pro se, appeals an order dismissing his lawsuit against the Wisconsin Department of Natural Resources (DNR).

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William J. Smith appeals his judgment of conviction entered pursuant to his guilty pleas for possession of a firearm by a felon and possession of THC as a second and subsequent offense.

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Jose A. Reas-Mendez appeals an order denying his 2017 postconviction motion for DNA testing of a jacket, a kitchen knife, and latent fingerprint cards containing fingerprints lifted from the outside window of the victim’s apartment.

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This case is before us for a second time. On June 16, 2011, Joan Kelly and her dog were attacked and seriously injured by a pit bull owned by Amanda Berg and Adam Finkler.

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He also appeals an order denying postconviction relief. The issue on appeal is whether the State’s prosecution of Schultz for sexually assaulting a child “on or about October 19, 2012” violated Schultz’s constitutional right to be free from double jeopardy because he was previously prosecuted for, and acquitted of, the repeated sexual assault of the same child “in the late summer to early fall of 2012.”

Tagged with: Civil Digest WI Court of Appeals Digest

Damon Kell appeals a judgment, entered upon his no-contest plea, convicting him of operating a motor vehicle while intoxicated (OWI), as a fourth offense within five years.

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Michael Bukovic appeals a circuit court judgment affirming a Wisconsin Labor and Industry Review Commission (LIRC) decision that affirmed an administrative law judge’s (ALJ) dismissal of Bukovic’s worker’s compensation application.

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Samir Siddique appeals an order denying his motion for costs and attorney fees under the Wisconsin Equal Access to Justice Act (WEAJA), WIS. STAT. § 814.245 (2015-16).

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Howard D. Davis appeals from the judgment of conviction, following a jury trial, finding him guilty as a party to the crimes of first-degree reckless homicide and first-degree recklessly endangering safety, with both crimes having use of a dangerous weapon and repeat offender penalty enhancers.

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On October 5, 2012, Kirk Horshaw was brutally beaten by other inmates at Menard Correctional Center, acting on the instructions of a gang leader who felt himself disrespected.

Tagged with: 7th Circuit Digest Civil Digest

Gregory Kuczora falsely represented to unwary investors that he could help them secure millions of dollars in financing.

Tagged with: 7th Circuit Digest Civil Digest

For thirty-five years, plaintiff-appellant Gloria D. Terry worked as a teacher and an administrator for defendant-appellee Gary Community School Corporation (the “District”).

Tagged with: 7th Circuit Digest Civil Digest

Plaintiff‐appellant Dylan Sinn was incarcerated within the Indiana Department of Corrections (“IDOC”) from June 2011 to February 2015.

Tagged with: 7th Circuit Digest Civil Digest

A forklift backed over Stanley Hutchison’s foot while it was loading product onto his tractor‐trailer.

Tagged with: 7th Circuit Digest Civil Digest

After Bruce and Barbara Betzner named Boeing as a defendant in their state court personal injury lawsuit, Boeing filed a notice of removal under the federal officer removal statute, 28 U.S.C. § 1442(a), alleging a government contractor defense.

Tagged with: 7th Circuit Digest Civil Digest

After losing his motion for postconviction relief under 28 U.S.C. §2255, Quawntay Adams filed a motion to reopen the proceedings in the district court under Federal Rule of Civil Procedure 60(b).

Tagged with: 7th Circuit Digest Civil Digest

Rick Ochoa and Irene Anderson hold participating life-insurance policies from State Farm Life Insurance Company and Country Life Insurance Company respectively.

Tagged with: 7th Circuit Digest Civil Digest

Martinsville Corral, Inc. d/b/a Martinsville Texas Corral, Victor A. Spina, and William Spina (collectively, “MCI”), held a business owners insurance policy with an “Employment-Related Practices Liability Endorsement” (“Endorsement”) from Society Insurance (“Society”).

Tagged with: 7th Circuit Digest Civil Digest

Appellants Raphael Campuzano-Benitez and Uriel Soria-Ocampo pleaded guilty for their roles as middlemen in a cocaine deal.

Tagged with: 7th Circuit Digest Civil Digest

Shane Crutchfield was charged with several Illinois drug crimes and faced enhanced penalties based on his lengthy criminal record.

Tagged with: 7th Circuit Digest Civil Digest

In this case, a number of current and former flight attendants challenge an airline’s compensation policy of paying for their work in the air but not on the ground.

Tagged with: 7th Circuit Digest Civil Digest