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Case Digests

Employment Law-Diversity

Village manager Thomas Barwin resigned under threat of termination two and one-half years before his pension rights vested.

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Class Action- Illinois Right of Publicity Act

Elizabeth Huston, a Good Housekeeping magazine subscriber, filed a putative class action complaint alleging a media conglomerate, Hearst Communications, Inc., violated her right of publicity by offering to sell and selling mailing lists containing her, and 9.1 million other subscribers’, identifying information.

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Entrapment- Enticement of a minor

Rafael Mercado used an Internet application to meet “Alexis,” a profile operated by a trained FBI agent conducting an undercover investigation of adults with sexual interest in children.

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Guardianship-Competency

Petitioner appeals the circuit court’s finding that she is incompetent and the resulting order establishing the guardianship of her and of her estate, as well as an order for her protective placement after petitioner fell and her husband suffered a stroke.

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False Arrest

Phillip Edward Osborne alleged that Illinois State Police Officer Shawn Myers arrested him without probable cause and therefore violated his civil rights.

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Class Action – Certification

Bennett contends that Division 10 of Cook County Jail does not satisfy the Americans with Disabilities Act, and the Rehabilitation Act because it lacks the grab bars and other fixtures that disabled inmates may need in order to use showers and toilets safely.

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Fraudulent Misrepresentation

Stanton appeals the judgment of the trial court granting summary judgment in favor of LVNV Funding LLC in its small claims action against Stanton with regard to an unpaid credit card balance.

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Involuntary Commitment and Medication

Trevor appeals two orders entered under WIS. STAT. ch. 51, one recommitting him for twelve months and another allowing for the involuntary administration of medication and treatment.

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Admissible Evidence – Jury Instructions

In this consolidated appeal, appeals from judgments convicting him of two counts of trafficking of a child, one count of human trafficking, one count of second-degree sexual assault of a child, one count of soliciting a child for prostitution, and one count of physical abuse of a child.

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Ineffective Assistance of Counsel

Reed appeals from a judgment convicting him of conspiracy to commit first-degree intentional homicide and from orders denying him postconviction relief.

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Reliance on nonprecedential BIA decisions

Dulce Zaragoza, a native and citizen of Mexico and a lawful permanent resident of the United States, pleaded guilty to the Indiana offense of criminal neglect of a dependent after locking her six-year-old son in a closet for six hours.

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Sentencing Guidelines

Ramirez pleaded guilty to possessing with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B).

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Waiver of Juvenile Court Jurisdiction

M.N., Jr. (“Max”) appeals from a non-final order waiving him into adult court. Max contends that the circuit court erroneously believed that supervision and services for him would end when he reached the age of eighteen.

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Plea Withdrawal –Child Abuse

Hughes appeals her judgment of conviction after she pled guilty to four counts relating to the child abuse and neglect of T.W. and J.W. She also appeals from the order denying her postconviction motion.

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Criminal Procedure-Restitution

Tracie Dickey, the leader of her own church, Deliverance Tabernacle Ministries International, claimed to be a prophet who received commands from God.

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Compassionate Release-Immunity

Ahamad Atkins, a federal inmate, sued federal judges, the prosecutor, his court-appointed attorneys, a federal court reporter, and the United States for, in his view, mishandling his criminal trial.

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Election Law

Kormanik sued the Wisconsin Elections Commission ("WEC") alleging that two documents provided by the WEC to municipal clerks erroneously interpreted certain election statutes as permitting a clerk to "spoil" an absentee ballot at an elector's request.

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Sufficiency of Evidence

Sanchez Wilson appeals a judgment of conviction entered after a jury found him guilty of first-degree sexual assault of a child, first-degree reckless injury while using a dangerous weapon, and possessing a firearm while a felon.

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