Weekly Case Digests – February 28, 2022 - March 4, 2022
Read More »
Case Digests
Writ of Certiorari – Application for Stay
The writ of certiorari is dismissed as improvidently granted.
Read More »Injunctive Relief – Texas Heartbeat Act
The Court granted certiorari before judgment in this case to determine whether, under our precedents, certain abortion providers can pursue a pre-enforcement challenge to a recently enacted Texas statute.
Read More »Jury Instructions
Steven Breneman appeals a judgment of conviction for first-degree intentional homicide.
Read More »Abuse of Discretion – Extended Supervision
Peter Hamilton was convicted in the Columbia County Circuit Court of operating a vehicle without the owner’s consent, and the circuit court placed him on probation for that offense.
Read More »Breach of Plea Agreement – Resentencing
Robert Nietzold pleaded no contest to and was convicted of repeated sexual assault of the same child.
Read More »Court Error – De Novo Review
Mark Ziegler appeals pro se from a judgment of the circuit court entered in Velocity Investments, LLC’s favor.
Read More »Due Process Violation
In these consolidated appeals, Dallas R. Christel appeals from judgments of conviction and orders denying his postconviction motions.
Read More »Abuse of Discretion – Termination of Parental Rights
A.P. appeals the orders of the trial court terminating his parental rights to his children, C.P. and P.P. A.P. contends that the trial court erroneously exercised its discretion at the dispositional hearing...
Read More »Involuntary Commitment and Medication
James appeals from orders for his commitment and involuntary medication and treatment, both entered pursuant to WIS. STAT. ch. 51.
Read More »Court Error – Issue Preclusion
Amy Cady-Krech appeals an order excluding her as an heir of the Estate of Michael Mikulewicz, who died intestate.
Read More »Summary Judgment – Property Tax Assessment
Menard, Inc., filed this lawsuit challenging as excessive the City of Hudson’s 2018 assessments of two parcels of real property owned by Menard.
Read More »5th Amendment Violation – Suppression Motion Denied
Anne Streckenbach appeals a judgment convicting her of operating a motor vehicle while intoxicated (OWI), as a second offense.
Read More »Negligence Claim – Duty of Care
Nickolas Seekins lost his left foot as a result of an accident that occurred while he was operating a machine used to lift and transport pallets.
Read More »Foreclosure – FDCPA Violation
For several years, CitiMortgage, Inc., has been locked in a legal battle with Jerome M. Davis and Lynne Ternoir-Davis over a mortgage the couple took out on their residence in 2005.
Read More »Summary Judgment – Freedom of Information Act
Jacqueline Stevens, a Professor of Political Science at Northwestern University, is conducting research into the relations between the foreign campuses of American universities, the federal government, and private‐sector entities.
Read More »Insurance Claim – Coverage
Like today’s decision in Crescent Plaza Hotel Owner, L.P. v. Zurich American Insurance Co., No. 21-1316 (7th Cir. Dec. 9, 2021), this case presents insurance coverage issues related to the partial closure of a hotel during the COVID-19 pandemic.
Read More »Insurance Claim – Direct Physical Loss
No one doubts that the COVID-19 pandemic has inflicted enormous losses on businesses, large and small, throughout the country.
Read More »False Claims Act – Pleading Special Matters
Dr. John Mamalakis, a Wisconsin anesthesiologist, filed this qui tam lawsuit under the False Claims Act, 31 U.S.C. §§ 3729 et seq., alleging that Anesthetix Management LLC, his former employer, fraudulently billed Medicare and Medicaid for services performed by its anesthesiologists.
Read More »Statutory Interpretation – Facilities for Interchange or Traffic
This case pits Wisconsin Central (a subsidiary of Canadian National) against Soo Line (a subsidiary of Canadian Pacific).
Read More »Summary Judgment – Issue of Material Fact
In the process of arresting a highly inebriated Sachin Gupta, a police officer tugged on his handcuffed arm causing him to fall forward on his head and chest and fracture a vertebra in his neck.
Read More »Plea & Sentencing – Collateral-attack Waivers
Yorie Von Kahl is serving a life sentence, plus consecutive terms of ten and five years’ imprisonment, for murdering two deputy United States Marshals and committing related crimes.
Read More »Habeas Relief – Due Process Violation
Roscoe Chambers, a federal prisoner, appeals the denial of two petitions for a writ of habeas corpus, see 28 U.S.C. § 2241, asserting that he was denied due process in prison disciplinary hearings.
Read More »Weekly Case Digests – February 21, 2022 – February 25, 2022
Weekly Case Digests – February 21, 2022 - February 25, 2022
Read More »Breach of Contract – Theft-by-contractor
In 2013, Antonio Soria sued Classic Custom Homes of Waunakee, Inc., (“Custom Homes”) for breach of contract and theft by contractor.
Read More »Redistricting – Remedial Maps
The Wisconsin Constitution requires the legislature "to apportion and district anew the members of the senate and assembly, according to the number of inhabitants" after each census conducted under the United States Constitution...
Read More »ALJ Review – Abuse of Discretion
Before September 2019, J.T. received behavioral health services from a therapy provider for J.T.’s disorder on the autism spectrum.
Read More »Abuse of Discretion – Worker’s Compensation Settlement
Ryan Sey appeals the circuit court’s order approving a settlement agreement pursuant to WIS. STAT. § 102.29 (2019-20), a statute that addresses third-party liability in the worker’s compensation context.
Read More »Plea Withdrawal – Sufficiency of Evidence
Nakyta V.T. Chentis appeals from a judgment of conviction for possession of a narcotic drug and an order denying his postconviction motion seeking plea withdrawal.
Read More »Evidentiary Hearing
Terrence T. Whitaker appeals pro se from a circuit court order denying his WIS. STAT. § 974.06 (2019-20) motion without an evidentiary hearing.
Read More »