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Case Digests

Plea Withdrawal

Darquice J. Edwards appeals from a judgment of conviction and from an order of the circuit court denying his postconviction motion to withdraw his pleas.

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Property Tax Assessment

Lowe’s Home Centers, LLC (Lowe’s) appeals from an order of the circuit court dismissing its challenges to the City of Delavan’s (the City) 2016 and 2017 tax assessments.

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Motion for Reconsideration Denied

In 2007, following a jury trial, Steven A. Avery was convicted of first-degree intentional homicide, party to the crime, and possession of a firearm by a felon.

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Summary Judgment – Issue of Material Fact

Jerod Hansen and Catherine Tabor-Hansen (collectively, “the Hansens”) appeal from the circuit court’s grant of a summary judgment in favor of Wendell, Anna and Carlton Klein (collectively, “the Kleins”), dismissing the Kleins from this suit.

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Plea & Sentencing – Sentence Modification

Ryan Swadner appeals a judgment, entered upon his no-contest pleas, convicting him of three counts of homicide by operation of a vehicle with a detectable amount of a restricted controlled substance, contrary to WIS. STAT. § 940.09(1)(am) (2019-20), and one count of injury by operation of a vehicle with a detectable amount of a restricted controlled substance, contrary to WIS. STAT. § 346.63(2)(a)3.

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Frivolous Appeal and Attorney Fees

Midwest Dental Care, Mondovi, Inc., appeals the circuit court’s denial of its summary judgment motion for dismissal of a counterclaim made against it by Dr. Kristina Welle for breach of an employment contract.

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Prisoner – Deliberate Indifference

Rachel Slabey appeals a grant of summary judgment in favor of Dunn County (“the County”), Dennis Smith, Brenda LaForte, Marshall Multhauf, and Paul Gunness (collectively, the “Individual Defendants,” and together with the County, the “County Defendants”), dismissing her claims under 42 U.S.C. § 1983 (2018).

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Due Process violation

Lisa Lantz appeals a judgment convicting her of one count of conspiring to deliver methamphetamine, two counts of soliciting the delivery of methamphetamine, and one count of maintaining a drug trafficking place.

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Plea Colloquy

Alejandro Gutierrez appeals judgments, entered upon his no-contest pleas, convicting him of child enticement; third-degree sexual assault; strangulation and suffocation; false imprisonment; burglary of a dwelling; and two counts of felony bail jumping, with both the false imprisonment and burglary counts as party to a crime.

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Insurance Claim – Coverage

The Estate of Finley Olson, by its special administrator Rachel Olson, and Rachel and William Olson individually (collectively, the Estate) appeal the circuit court order granting American Family Mutual Insurance Company (American Family) summary and declaratory judgment that its insureds, Carrie and Timothy Heller (the Hellers), did not have coverage under their insurance policy through American Family (the Policy) for the claims related to Finley Olson’s death while in the care of the Hellers.

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Sufficiency of Evidence

Angelina Hansen appeals a judgment of conviction, following a jury verdict, for criminal contempt of court in relation to her violation of a family court order setting the conditions under which she could exercise physical placement with her children.

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Sentencing Guidelines

A jury convicted defendant Keenan Rollerson on drug and firearm charges but acquitted him on other drug charges.

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Magnuson-Moss Warranty Act – Written Warranty – Jurisdiction

7th Circuit Court of Appeals Case Name: Tawanna Ware, et al., v. Best Buy Stores, L.P., Case No.: 20-1641 Officials: ROVNER, HAMILTON, and ST. EVE, Circuit Judges. Focus: Magnuson-Moss Warranty Act – Written Warranty – Jurisdiction This appeal raises a question of first impression about the definition of “written warranty” provided in the Magnuson‐Moss Warranty Act, 15 U.S.C. § 2301 ...

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Immigration – Removal Order

Bukola Lomi Omowole seeks review of an order of the Board of Immigration Appeals sustaining the findings of two immigration judges that she is both removable from the United States for having procured an entry visa by fraud and not entitled to asylum or withholding of removal.

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Sentencing Guidelines

In 1994, Michael Millis was found guilty of several crimes related to a pair of armed robberies in the Eastern District of Kentucky.

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ERISA – Breach of Fiduciary Duty

We consider in this case whether the Employee Retirement Income Security Act (ERISA) preempts certain state-law claims brought by bankruptcy creditors on behalf of a company against its directors and officers and others alleged to have inflated the company’s stock value to conceal the company’s decline and to benefit corporate insiders. We hold that ERISA does not preempt the plaintiffs’ claims against the company’s directors and officers.

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Failure to State Claim

For Gorgi Talevski, living with dementia went from difficult to worse during his stay at Valparaiso Care and Rehabilitation, a state-run nursing facility near his family home in Indiana.

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Attorney Disciplinary Proceedings

We review, pursuant to Wis. Stat. § 757.91 (2019-20), a Judicial Conduct Panel's (the Panel) findings of fact, conclusions of law, and recommendation for discipline for the Honorable Scott C. Woldt, a judge for the Winnebago County circuit court.

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