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Statutory Interpretation – Hobbs Act
Andrew McHaney is not the first defendant to try to persuade this court that Hobbs Act robbery is not a crime of violence as defined under 18 U.S.C. § 924(c).
Motion to Suppress Evidence Denied – 4th Amendment Violation
Officer Erik Cowick pulled over Jacques Gholston just after midnight on April 29, 2018, for turning without signaling.
Weekly Case Digests – August 23, 2021 – August 27, 2021
Weekly Case Digests – August 23, 2021 – August 27, 2021
Statutory Interpretation – Armed Career Criminal Act – Violent Felony
The Armed Career Criminal Act (ACCA), 18 U. S. C. §924(e), mandates a 15-year minimum sentence for persons found guilty of illegally possessing a gun who have three or more prior convictions for a “violent felony.”
Immigration – Temporary Protected Status
Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador.
Statutory Authority – Emergency Order
Exercising our original jurisdiction under Article VII, Section 3(2) of the Wisconsin Constitution, we consolidate and review three cases challenging the authority of Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County (PHMDC), to issue an emergency order closing all schools in Dane County for in-person instruction in grades 3-12.
Statutory Interpretation – Cooperative Plan
We review a published decision of the court of appeals affirming the order of the Circuit Court for Dodge County that reversed the Department of Administration's (the "Department") approval of a cooperative plan (the "Plan") between the Village of Kekoskee (the "Village") and the Town of Williamstown (the "Town") and remanded the matter back to the Department.
CHIPS – Due Process Violation
If a circuit court determines a child is in need of protection or services (CHIPS) due to a parent's neglect, refusal, or inability (for reasons other than poverty) to provide necessary care to the extent that the physical health of the child is seriously endangered, the circuit court may order the child removed from the parental home.
Attorney Disciplinary Proceeding
We review the report of the referee, Reserve Judge William M. Gabler, Sr., recommending that this court revoke Attorney Christopher S. Petros' license to practice law in Wisconsin, require him to pay $5,000 in restitution to the father of a former client, and require him to pay the full costs of this disciplinary proceeding, which total $3,910.22 as of February 3, 2021.
Property Tax Assessment – Hub Facility Exemption
The petitioners, Southwest Airlines and AirTran Airways (collectively, Southwest), seek review of an unpublished opinion of the court of appeals affirming the circuit court's determination that Southwest does not qualify for the "hub facility" property tax exemption.
Insurance Claim – Coverage
Ismet Islami seeks review of the court of appeals decision affirming the Waukesha County Circuit Court's grant of summary judgment in favor of Kemper Independence Insurance Company (Kemper) denying coverage to Ismet for the loss of her home.
Time-barred – Notice of Claim
The petitioner, Southport Commons, LLC (Southport), seeks review of a published court of appeals decision that affirmed the circuit court's grant of the Department of Transportation's (DOT) motion for judgment on the pleadings.
Polls
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- With GOP convention over, Milwaukee weighs the benefits of hosting political rivals
- Congress to formally investigate Secret Service
- Milwaukee Police Department issues statement regarding video release policy
- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
- Biden drops out of 2024 presidential race, endorses Harris
- Local PA cops allegedly thought Trump’s would-be assassin was Secret Service
- Biden-Lead Secret Service admits agency denied past requests by Trump’s campaign for tighter security
- Class action filed against Walgreens
- Former Waukesha County Sheriff’s Office lieutenant pleads guilty to smuggling contraband
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property
