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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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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