Weekly Case Digests – July 5, 2021 – July 9, 2021
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Case Digests
Immigration – Stop-time Rule
Anyone who has applied for a passport, filed for Social Security benefits, or sought a license understands the government’s affinity for forms.
Read More »Writ of Certiorari
In 2009, an Alaska jury convicted Sean Wright of 13 counts of sexual abuse of a minor.
Read More »Attorney Disciplinary Proceedings
The Court entered the following order on this date: On March 15, 2021, Attorney Laura Waite filed a request pursuant to SCR 22.34(11), for indefinite suspension of her license to practice law in this state due to her medical incapacity.
Read More »Order Correcting Opinion
PLEASE TAKE NOTICE that corrections were made to paragraphs 1 and 39 in the above-captioned opinion which was released on April 29, 2021.
Read More »Sufficiency of Evidence
Ronald J. Greenwood appeals from a judgment of replevin requiring him to return a dog to Shawna Hathaway.
Read More »Involuntary Commitment and Medication
J.J.K. appeals an involuntary commitment order entered pursuant to WIS. STAT. § 51.20 and an involuntary medication order entered pursuant to WIS. STAT. § 51.61(1)(g)3.
Read More »Abuse of Discretion – Sanctions
Tyler Mueller was injured while hunting when a gun he was holding discharged.
Read More »Sovereign Immunity
Aquilla Jessie appeals a circuit court order dismissing his petition for declaratory judgment.
Read More »Appellate Jurisdiction
Approximately nine years after Janelle Casey and Mark Schimke divorced, Casey petitioned for a constructive trust, alleging that Schimke had failed to make required financial disclosures under WIS. STAT. § 767.127 (2019-20) at the time of divorce.
Read More »Probable Cause – Unlawful Entry
Brady appeals from a delinquency order and the denial of his motion to suppress evidence obtained following law enforcement officers’ warrantless entry into his apartment.
Read More »4th Amendment Violation – Unreasonable Search
Scott William Forrett challenges his judgment of conviction for operating a motor vehicle while intoxicated, seventh offense (OWI), and an order denying his motion for postconviction relief.
Read More »Probable Cause – Suppression of Evidence
Alex Premo seeks review of a suppression ruling that led him to plead guilty on a drug charge.
Read More »Court Error –DNA Evidence – Statutory Notice
Anthony Nemetz appeals from a judgment convicting him of multiple criminal offenses and an order denying his postconviction motion.
Read More »Court Error – Exclusion of Testimony
Wade Weckler appeals a judgment dismissing his adverse possession counterclaim against ADEM LLC.
Read More »Sentence Modification
Adamm Linton appeals the circuit court’s denial of his motion requesting sentence modification on the basis that Miller v. Alabama, 567 U.S. 460 (2012), represents a change in the law applicable to sentencing juveniles and is a new factor entitling him to sentence modification.
Read More »Abuse of Discretion – Class Certification
SVA Healthcare Services, LLC, (“SVA”) appeals an order certifying a class and appointing plaintiff Timothy Rave as class representative.
Read More »Declaratory Judgment – Insurance Policy Limitation
Cole and Joseph Kretman (collectively “Kretman”) appeal from a declaratory judgment upholding an insurance policy limitation for injuries caused by a “dangerous dog.”
Read More »Court Error – Standard of Reasonableness – TLO
Blong Vang appeals a judgment of conviction, following his guilty plea, on one count of conspiracy to commit child abuse—intentionally cause bodily harm, contrary to WIS. STAT. §§ 948.03(2)(b) and 939.31 (2019-20).
Read More »Motion to Suppress Evidence Denied
An informant gave South Bend police the number to a phone that drug dealers in the South Bend area were supposedly using to sell drugs.
Read More »PLRA Violation – IFP Application
Under the Prison Litigation Reform Act (“PLRA”), prisoners filing petitions to proceed in a suit in forma pauperis (“IFP”) can’t deliberately misrepresent their financial status.
Read More »FMLA Violation – Collective Bargaining Agreement – Arbitration
Plaintiff-appellee and cross-appellant John F. Cloutier was a pilot for defendant-appellant and cross-appellee GoJet Airlines, LLC.
Read More »Sufficiency of Evidence – Unconditional Writ
Kenneth Smith has been in state prison for nineteen years for a murder and robbery that he insists he did not commit.
Read More »First Step Act Violation – Motion for Compassionate Release
In his plea agreement, defendant David Bridgewater waived the right to seek any modification of his sentence.
Read More »6th Amendment Violation – Confrontation Clause
Emmanuel Hart was convicted by a jury of robbing two Chicago banks in violation of 18 U.S.C. § 2113(a).
Read More »Jury Instructions
Over the course of a three-week crime spree in October 2017, Rex Hammond robbed, or attempted to rob, seven stores at gunpoint in Indiana and Michigan.
Read More »ADEA Violation – Retaliation Claim – Time-barred
Amit Sinha appeals the rejection of his retaliation claims against his employer, Bradley University, under the Age Discrimination in Employment Act.
Read More »Statutory Interpretation – Illinois Insurance Code – Extracontractual Damages
This appeal is part of an ongoing, decade-long, three-lawsuit fight between an insurer, Selective Insurance Company of the Southeast, and its insured, Creation Supply, Inc. (“CSI”), over who owed what when.
Read More »Weekly Case Digests – June 28, 2021 – July 2, 2021
Weekly Case Digests – June 28, 2021 – July 2, 2021
Read More »Sentencing Guidelines – Abuse of Discretion
Under Miller v. Alabama, 567 U. S. 460 (2012), an individual who commits a homicide when he or she is under 18 may be sentenced to life without parole, but only if the sentence is not mandatory and the sentencer therefore has discretion to impose a lesser punishment.
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