ALJ Error – Disability Benefits
Ronnie Winsted applied for disability insurance benefits and supplemental security income claiming disability based on numerous conditions, including degenerative disc disease, osteoarthritis, and anxiety.
Statutory Interpretation
This case is about character— the character of a debt. A debt collector must not make any “false representation” about “the character, amount, or legal status of any debt”.
Warrantless Search
Travis Vaccaro entered a conditional guilty plea to possessing a firearm as a felon, 18 U.S.C. § 922(g), preserving his right to appeal the denial of his motion to suppress the gun.
Sentencing Guidelines – Enhancement
Within two days of helping his codefendants steal more than 100 guns from a train car, Dandre Moody sold 13 of them to anonymous buyers who telephoned him after they “heard about it.”
Jury Instructions and Sentencing Enhancement
After a jury found Anastacia Vann Maclin guilty of two counts of Medicaid theft she was sentenced to 15 months’ imprisonment.
Sanctions
Jackson County Bank sued its former employee, Mathew R. DuSablon, in Indiana state court, asserting various state law claims, including theft of property and breach of contract.
Due Process Violation
Illinois prison officials issued a disciplinary report charging inmate Jeryme Morgan with offenses stemming from a violent assault on fellow prisoners.
Due Process Violation
Convicted of two cocaine offenses, 21 U.S.C. §841(a)(1), Josue Vargas has been sentenced to 72 months’ imprisonment.
Court Error – Evidentiary Ruling
A jury convicted Luis Fernandez of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1).
4th Amendment Violation
Artez Brewer and his girlfriend, Robin Pawlak, traveled the country robbing banks, à la Bonnie and Clyde.
Weekly Case Digests – February 25, 2019 – March 1, 2019
Weekly Case Digests – February 25, 2019 – March 1, 2019
Statutory Interpretation – Leahy-Smith America Invents Act
The Leahy-Smith America Invents Act (AIA) bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.” 35 U. S. C. §102(a)(1).
Legal News
- Milwaukee County District Attorney, UWM police address Jewish threats
- With GOP convention over, Milwaukee weighs the benefits of hosting political rivals
- Secret Service head resigns as Congress formally investigates
- Milwaukee Police Department issues statement regarding video release policy
- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
- Biden drops out of 2024 presidential race, endorses Harris
- Local PA cops allegedly thought Trump’s would-be assassin was Secret Service
- Biden-Lead Secret Service admits agency denied past requests by Trump’s campaign for tighter security
- Class action filed against Walgreens
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property