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The Presentence Investigation Report on Steven Dotson listed six prior felony convictions, three of which the Probation Office identified as qualifying him for the enhanced mandatory minimum sentence of 15 years’ imprisonment under the Armed Career Criminal Act.

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In the two cases I have consolidated only for purposes of this opinion, a magistrate judge issued the final judgment from which the appeal has been taken.

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Courts and practitioners frequently say that § 502 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), provides for “de novo review” of certain decisions relating to welfare plan benefits.

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Weekly Case Digests – March 9, 2020 – March 13, 2020

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We review, pursuant to Wis. Stat. § 757.91 (2017-18), a Judicial Conduct Panel's findings of fact, conclusions of law, and recommendation for discipline for the Honorable Kenneth W. Gorski.

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Attorney Terry L. Constant has appealed a report and recommendation filed by Referee Dennis J. Flynn, concluding that Attorney Constant committed eight counts of professional misconduct and recommending that his license to practice law in Wisconsin be suspended for five months.

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Michael S. Coleman challenges the circuit court’s award of $2,881.71 in restitution for damage Coleman caused to a City of Wisconsin Rapids Police Department squad car.

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The Town of Little Wolf appeals the judgment of the circuit court declaring that a 1/4-mile segment of a road near property owned by Joseph and Karla Taggart became a town highway after it was laid out by order of the Town in 1898 as part of a 1½-mile town highway, and that the 1/4-mile segment remains part of a town highway.

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This case arose out of actions by the Bank of Deerfield when it took possession of a bar as part of a foreclosure action in which the Bank had been appointed as receiver.

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Lu Ann Call appeals an order denying her motion to vacate a divorce judgment entered pursuant to a marital settlement agreement.

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The appeal in this case involves the interpretation of statutes governing administrative rule-making in Wisconsin.

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Camron Rufus Spencer, pro se, appeals the circuit court’s orders denying his initial postconviction motion, and his motion for reconsideration, after he pled guilty to and was convicted of one count of misdemeanor battery as an act of domestic violence as a repeater, and one count of misdemeanor victim intimidation as an act of domestic violence as a repeater.

Tagged with: Civil Digest WI Court of Appeals Digest

Anthony Madland appeals a judgment of conviction, entered upon his no-contest plea, to third-offense operating a motor vehicle with a prohibited alcohol concentration (PAC).

Lynnott Rogers appeals an order of the trial court denying his petition for supervised release from his commitment for being a sexually violent person, pursuant to WIS. STAT. ch. 980 (2017-18).

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Teresa Storm appeals a declaratory judgment dismissing Storm’s claims against Wisconsin Mutual Insurance Company.

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Henry Pocan appeals from an order denying his petition for discharge from a commitment under WIS. STAT. ch. 980 (2017-18).

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George Hendrix suffered injuries when he slipped and fell on compacted snow in a parking lot that Dedicated Fleet Services, LLC (“DFS”) leased from 4X Corporation (“4X”).

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We have before us criminal defendants contending for the first time on appeal that a condition of their terms of supervised release is unconstitutionally vague.

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Federal courts do not lightly grant petitions for a writ of habeas corpus brought by state prisoners.

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The Equal Protection Clause entitles owners of similarly situated property to roughly equal tax treatment.

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We know from the Supreme Court’s decision in Spokeo, Inc. v. Robins that a plaintiff claiming a statutory violation must allege a concrete and particularized injury for Article III standing.

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Urija Elston and his friends were playing basketball at a park in DuPage County while Brian Demeter, an off-duty sheriff’s deputy for neighboring Kane County, was watching his child’s soccer game on an adjacent field.

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Police seized 143.7 kilograms of marijuana from Joel Helding’s car and apartment, and he pleaded guilty to possessing over 100 kilograms.

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Leaving an untouched pizza on the table, Shawn Karst exited a restaurant with two men who wore Mesticas motorcycle club vests.

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For the Menominee Indian Tribe, the river that bears its name is a place of special importance.

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In this contract dispute, two insurers of New Prime, Inc., a trucking company, accuse a third insurer of not paying its share toward two multimillion-dollar personal injury settlements.

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Mario Caviedes-Zuniga pleaded guilty to distributing 140 grams of heroin. 21 U.S.C. §841(a)(1), (b)(1)(B).

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Claims of election fraud are not new in Illinois. Plaintiffs William B. Shipley and Katherine Wuthrich were credentialed election monitors in Chicago during the 2016 Illinois primary election and Plaintiff Nina Marie voted in the election.

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Weekly Case Digests – March 2, 2020 – March 6, 2020

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State Farm Mutual Automobile Insurance Company appeals from a judgment awarding Brian Lampe (“Lampe”) and his wife, Tracey Lampe, damages in the amount of $175,000, which included a $45,000 award for Brian Lampe’s future health care expenses.

Tagged with: Civil Digest WI Court of Appeals Digest