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Case Digests

Request for Counsel

Joseph DeFilippo appeals from a judgment, entered after a jury trial, convicting him of several offenses arising out of a domestic violence incident, and a subsequent incident with his neighbor.

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Postconviction Motion-Castle Doctrine

Juan Andres Balderas, Jr., appeals a judgment of conviction entered following a jury trial for one count of first-degree recklessly endangering safety, and one count of second-degree recklessly endangering safety, both with the use of a dangerous weapon.

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Postconviction Relief-Sexual Assault

According to the complaint, Johnson was an overnight guest in his cousin’s home, and, after a night of drinking, he sexually assaulted then-six-year-old Alice3 and told her not to tell anyone.

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Frivolous Appeal and Attorney Fees

Newson, pro se, appeals dismissal of his claims against current Milwaukee County Circuit Court Judge Jeffrey Wagner and former Milwaukee County Circuit Court Judges Kitty Brennan and John DiMotto (collectively, “the judicial defendants”).

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14th Amendment-Due Process

Butler appeals an order denying his motion to dismiss his criminal charges based on his claim that the circuit court lacked personal jurisdiction over Butler because he was held in pretrial custody for 321 days before his initial appearance was completed, and 342 days before his preliminary hearing was held.

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ERISA Act-Fiduciary Duty

These appeals present questions about enforcement of fiduciary duties of loyalty and prudence under the Employee Retirement Income Security Act of 1974, better known as ERISA, 29 U.S.C.

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Jury Selection Errors

A jury convicted Howard of being a felon in possession of a weapon, but he asserts that the jury trial was tainted by errors that occurred during jury selection when the district court injected the prosecutor’s race into the Batson inquiry and otherwise improperly evaluated the peremptory strike against a Black juror.

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Americans with Disabilities Act

Kinsella was a field operator for Baker Hughes Oilfield Operations when, in June 2013, he suffered work-related knee injuries that left him unable to work for three years.

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Employment

Northrop Grumman laid off some workers in 2012 and did not provide severance benefits to all of them.

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Liability Insurance

Plaintiffs Astellas US Holding, Inc. and Astellas Pharma US, Inc. (treated here as one entity, Astellas) paid the federal government $100 million to settle potential claims for violations of the federal Antikickback Statute and the federal False Claims Act.

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Involuntary Medication Order

In 2003, the Milwaukee County Circuit Court committed Hardy to the Department of Health Services (DHS), after determining that he was a sexually violent person pursuant to WIS. STAT. ch. 980. Hardy has been at the Sand Ridge Secure Treatment Center since that time.

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Plea Withdrawal

According to the criminal complaint, nine-year-old Lucy told law enforcement that then-sixteen-year-old Larson had sexually assaulted her in October 2015 when she was spending the night at his home.

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Landlord-tenant

In this landlord-tenant dispute, Wausau Landmark Corp. (“Landmark”) was ordered to pay $1,250 to its former tenant, Tommy Blakley, which included $250 in attorney fees.

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Unlawful Seizure – Suppression of Evidence

Jamie Duval appeals a judgment, entered following a no-contest plea, convicting him of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, as a fourth offense and as a repeater.

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Sentencing Guidelines

After a local high school student died from a fentanyl overdose, the police in Kenosha, Wisconsin, opened an investigation to track down the source of the fatal drugs.

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Breach of Contract

Sunny Handicraft and Bin Teh Handicraft (collectively Sunny) sold seasonal merchandise to Walgreens, with Envision This! as an intermediary.

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Parole Revocation

This appeal presents a new question on the scope of the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477 (1994), which forecloses civil litigation that would call into question the validity of a state criminal conviction or sentence that has not been set aside.

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Insurance-Contract

Thirteen Investment Company, Inc. sued Foremost Insurance Company to pay for a fire loss covered under an insurance policy.

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