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Case Digests

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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Insurance Claim – Reckless Homicide

The petitioner, Lindsey Dostal (Dostal), both individually and as special administrator of the estate of Haeven Dostal, seeks review of a court of appeals decision affirming the circuit court's grant of summary and declaratory judgment in favor of State Farm.

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Attorney Disciplinary

Attorney William E. Fenger filed a petition for the consensual revocation of his license to practice law in Wisconsin pursuant to Supreme Court Rule (SCR) 22.19.1 In his petition, Attorney Fenger states that he cannot successfully defend against multiple allegations of misconduct in connection with a grievance investigated by the Office of Lawyer Regulation (OLR).

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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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Definition of “Professional Relationship”

A statute in Indiana makes it a crime for anyone who “has or had” a professional relation with a person under the age of 18 to “use[] or exert[] the person’s professional relationship to engage in sexual intercourse” with that young person.

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Career Offender Sentencing

After pleading guilty in the Western District of Wisconsin to distributing methamphetamine, Von Vader was sentenced to 270 months’ imprisonment.

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Takings Clause

In 1993 the Village of Channahon, Illinois, approved the plat of a residential subdivision lying within the DuPage River Special Flood Hazard Area.

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Sentencing Guidelines

Benny Butler downloaded, distributed, and shared a vast amount of child pornography via internet chat rooms catering to this trade.

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Judge Bias

Avery Smartt had a sexual relationship with a 15-year-old runaway (S.S.) and traveled around the country with her as he worked as an over-the-road trucker.

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Unreasonable Sentence

Jose Oregon owed the Internal Revenue Service (“IRS”) approximately $60,000 in back taxes and penalties but could not afford to pay.

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Whistleblower Complaint

In September 2020, Sanchez filed a whistleblower complaint with the United States Department of Education’s Office of the Inspector General (“OIG”) against his former employer, DuPage Regional Office of Education (“DuPage”).

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§ 1983 claim-Sexual Assault

Slabey argues that her § 1983 claim against Dunn County survives summary judgment because she presented evidence sufficient for a reasonable jury to find that Dunn County violated her rights under the Eighth and Fourteenth Amendments to the United States Constitution when then-Dunn County Correctional Officer Ryan Boigenzahn sexually assaulted her.

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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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