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Case Digests

Right to Counsel

Lantz appeals from a judgment convicting him of operating a motor vehicle while intoxicated (OWI), as a seventh offense.

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Sentencing Guidelines

Container Life Cycle Management LLC appeals the judgment and order entered in favor of Mid America Steel Drum Properties, LLC, a reconditioner of steel drums, and 17H LLC (collectively, Mid America), upon a jury verdict which found that Container Life had committed trespass and unlawfully withheld possession of several parcels owned by Mid America, and was unjustly enriched by that conduct.

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Ineffective Assistance of Counsel

Dallas Eugene Robinson appeals from a judgment of conviction, following a jury trial, for felony murder as a party to the crime and from an order denying his motion for postconviction relief.

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Ineffective Assistance of Counsel

Ahmed Al Bawi appeals from a judgment convicting him of third-degree sexual assault and from an order denying his postconviction motion to withdraw his no-contest plea.

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Evidence-Informant’s Tip

Kluck appeals from a judgment convicting him of operating a motor vehicle with a restricted controlled substance in his blood, as a fourth offense.

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Disability Insurance Claim

Plaintiff-appellant Zall worked more than twenty years as a dentist, but chronic pain and numbness in his neck and right arm made it impossible for him to keep working.

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Insurance Defense Costs Obligation

Three insurance companies—Indemnity Insurance Company of North America, Westfield Insurance Company, and Star Insurance Company—dispute their respective obligations to defend a swine farm (Sandstone) in a state court nuisance case.

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Title VII Violation – Retaliation Claim

After completing a 90-day orientation program for newly licensed nurses, Bragg was denied a fulltime position as a Registered Nurse (RN) at Community Hospital, which is operated by Munster Medical Research Foundation.

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Suppression of Evidence

This is a review of an unpublished decision of the court of appeals, State v. Hineman, No. 2020AP226-CR, unpublished slip op. (Wis. Ct. App. Nov. 24, 2021) (per curiam), reversing the Racine County circuit court's judgment of conviction against Jeffrey Hineman for first-degree child sexual assault, S.J.S., and order denying Hineman's motion for postconviction relief.

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Evidence – Ineffective Assistance of Counsel

Harris appeals from a judgment convicting him of armed robbery, first-degree reckless injury with the use of a dangerous weapon, and possession of a firearm as a felon, all as a repeater, and from an order denying postconviction relief.

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Sentence Modification

Simpson appeals from an order of the trial court denying his motion to modify his sentences that were imposed for two counts of first-degree sexual assault of a child.

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Securities – Margin Call

Several affiliated traders set up four accounts with Trean Group, an introducing broker at the Chicago Mercantile Exchange. An introducing broker manages the customer side of the futures-trading business.

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Summary Judgment – Constitutional Rights

Behning, an Illinois prisoner, appeals from the district court’s grant of summary judgment to defendants on his claims that prison guards violated his constitutional rights while responding to his altercation with a prison guard.

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Bankruptcy

Bankruptcy trustees can recover some transfers made to outside parties during the 90 days before the debtor files a petition. 11 U.S.C. §547(b)(4)(A).

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Union Dues Deductions – Contracts

Roman Baro was an English-as-a-second-language teacher for Defendant Waukegan Community School District No. 60 (“the District”) in August 2019 when she signed a union membership form—a contract to join Defendant Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO (“the Union”), the union that represents teachers in the District.

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Sentencing Guidelines

In trying to avoid arrest, appellant Baker ran from police officers, took a loaded firearm out of his waistband, and threw it over a fence into a residential backyard and was sentenced to 72 months and one day in prison after pleading guilty to being a felon in possession of a firearm.

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Negligence – Safe Place Statute

Bridgett and Jerome Larkins appeal from the circuit court’s grant of summary judgment in favor of Diane Building Corporation (DBC) and dismissing the Larkins’ complaint alleging negligence and a violation of Wisconsin’s Safe Place Statute, WIS. STAT. § 101.11 (2019-20).

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Sentencing Guidelines

While on supervised release, appellant Yankey admitted to a probation officer that he had used methamphetamine and cocaine.

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