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Case Digests

Due Process Violation

Bartelt Custom Automotive, Inc. (BCA), appeals an order of the circuit court affirming an order of the Labor and Industry Review Commission (LIRC) which found that BCA failed to provide Kevin Warlow with suitable employment following a work-related injury, in violation of WIS. STAT. § 102.35(3) (2019-20).

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Supplemental Jurisdiction – Title IX Violation

Before the arrival of the COVID‐19 pandemic in the spring of 2020, Plaintiff Michelle Jauquet’s daughter, “Student A,” was already experiencing an exceedingly difficult eighth grade year at Notre Dame of De Pere Catholic Middle School in Wisconsin.

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Personal Jurisdiction

Hobart police officers, relying on information obtained from an investigative database, misidentified Appellant Cortez Javan Rogers as the person who allegedly had intimidated a witness in a pending murder case.

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Sufficiency of Evidence

An Illinois jury convicted Julius Evans of the first-degree murder of Moatice Williams, who was killed in a drive-by shooting in Chicago.

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Immigration – Asylum

Oscar Guzman-Garcia fled Mexico for the United States in 2006, fearing gang retaliation for witnessing the murder of his older brother.

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Plea Withdrawal

This is a review of an unpublished decision of the court of appeals, State v. Nash, No. 2018AP731-CR, unpublished slip op. (Wis. Ct. App. May 2, 2019), affirming the Waukesha County circuit court's judgment and order denying Kevin L. Nash's postconviction motion to withdraw his Alford plea.

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Appellate Jurisdiction

Eunice and Larry Poteete (the tenants) appeal a March 2020 order of the circuit court in their action against Nancy Wales (the landlord).

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OWI – 3rd Offense

Timothy M. Argall appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense.

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Small Claims – Replevin

On April 26, 2019, Cristian M. Loga-Negru filed a small claims replevin action against the Racine County District Attorney Patricia Hanson and multiple individuals, seeking return of numerous items seized following his arrest for several felony offenses and retained by the Mount Pleasant Police Department.

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Tax Assessment Appeal

The issue is whether the City of Waukesha (City) may appeal from a tax assessment determination by the City of Waukesha Board of Review (Board), which rejected the City assessor’s evaluation, by commencing a certiorari action under WIS. STAT. § 70.47(13) (2017-18).

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Sentence Modification

Tremaine J. Brown appeals from a judgment convicting him of possession with intent to deliver less than or equal to one gram of a controlled substance within 1000 feet of a park and from the order denying his motion for postconviction relief by which he sought sentence modification.

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Summary Judgment – Quit Claim Deed

Dianne DeGroot appeals from a judgment dismissing her complaint against the Town of Wolf River seeking to quiet title and a declaration that she owns her property free of any claim of Wolf River relating to a public roadway (the road) referred to in her quit claim deed. In the alternative, DeGroot seeks to recover property taxes attributable to the road or to be compensated for Wolf River’s allegedly wrongful taking of her property.

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Sufficiency of Evidence – Expert Testimony

Richard Pringle appeals a judgment convicting him of one count of second-degree sexual assault of a person who suffers from a mental illness or deficiency, contrary to WIS. STAT. § 940.225(2)(c) (2017-18).

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Plea Withdrawal

Oshay Shayfer Randolph appeals the judgment of conviction, following guilty pleas, to one count of felony murder and one count of attempted burglary, both as a party to a crime.

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Involuntary Medication

John appeals orders committing him to inpatient treatment and involuntary medication for a period of six months.

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