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Case Digests

Attorney Disciplinary Proceedings

We review a report filed by Referee Jean A. DiMotto, recommending the court suspend Attorney Walter W. Stern, III's license to practice law for a period of 45 days for three counts of professional misconduct.

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Statutory Interpretation – Health Care Records – Fee Restrictions

We review the court of appeals' decision reversing the circuit court's dismissal of Andrea Townsend's claim against ChartSwap, LLC ("ChartSwap") for unlawfully overcharging her for copies of her medical records in contravention of the fee restrictions set out in Wis. Stat. § 146.83(3f) (2017-18).

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Involuntary Commitment

The petitioner, E.J.W., seeks review of an unpublished, authored decision of the court of appeals affirming the circuit court's order extending his involuntary commitment.

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Due Process Violation

Jeffrey L. Hineman appeals from a judgment of conviction, following a jury trial, for first-degree sexual assault of a child under the age of thirteen and from an order denying him postconviction relief.

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Abuse of Discretion – Motion for Reconsideration

Roger Shaide, Roxanne Shaide, Mikel Huppert, and Kelly Huppert (collectively, “the Shaides”) appeal an order in which the circuit court granted Steven and Teresa Sullivan’s motion for reconsideration of a prior order that determined the parties’ respective rights to a disputed area of waterfront property.

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Statutory Interpretation – Sales Tax

Citation Partners, LLC is in the business of leasing aircraft. At issue in this case is whether the total amount paid for an aircraft lease is subject to sales tax, or, if portions of a lease payment attributed to aircraft maintenance and engine maintenance are statutorily exempt from sales tax.

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Derivative Suit – Validity of Claim

The Estate of Stephen O’Bryan, Brendan Tim O’Bryan, Joan O’Bryan Herriott, and the remaining plaintiffs appellants named in the caption above appeal from an order of the circuit court dismissing their derivative action against Lakewood Farms, Inc. (LFI) and against David L. O’Bryan, Thomas O’Bryan, and various other O’Bryan family members, all on LFI’s board of directors.

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4th Amendment Violation

Lamondo Turrubiates appeals from an order that: (1) compelled him to disclose his cell phone passcode to law enforcement...

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Court Error – Abuse of Discretion

Darrell Anthony Killebrew appeals a judgment of conviction for one count of possession of a firearm by a convicted felon, one count of disorderly conduct as an act of domestic abuse with use of a dangerous weapon, and one count of threat to a law enforcement officer, with all counts as a repeat offender.

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Ineffective Assistance of Counsel

Emanual Santana appeals from a judgment of conviction for one count of first-degree sexual assault and an order denying his postconviction motion, without a hearing.

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Postconviction Relief – Evidentiary Hearing

Lamont Donnell Sholar, pro se, appeals his judgment of conviction for five counts related to sex trafficking and the circuit court order denying his motion for postconviction relief without a hearing.

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Termination of Parental Rights

Sarah appeals from orders terminating her parental rights to her two daughters, Nora and Abby, based upon her failure to assume parental responsibility for them.

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Court Error – Abuse of Discretion

It is criminal “distribut[ion]” of child pornography within the meaning of 18 U.S.C. § 2252(a)(2) to knowingly make a file containing child pornography available for others to access and download via a peer-to-peer filesharing network.

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Sufficiency of Evidence

A jury found Carl McAdory guilty of two driving-related offenses after hearing evidence that a chemical test of a sample of his blood, drawn after he was arrested following a traffic stop, showed the presence of cocaine and marijuana.

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Sentencing Guidelines

Ya Yang appeals his below-guidelines sentence, arguing that the district court erred because it considered an audio file at sentencing that was not publicly available on the court’s electronic docket.

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Court Error – Abuse of Discretion

Joan and Rick Scalcucci appeal a summary judgment order dismissing their personal injury suit against the City of Madison and the County of Dane (collectively, “the Municipalities”).

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Sentencing Guidelines – Enhancement

Following an investigation of an Indianapolis‐based drug trafficking organization, the government secured a warrant to search Juan Zamudio’s residence, where they found large amounts of methamphetamine, a digital scale, and a loaded firearm.

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Abuse of Discretion – Restitution

Alex Scott Stone appeals from an order requiring him to pay restitution of $6,008.60 to the victim, M.S. Stone claims the circuit court erroneously exercised its discretion in making the restitution award either in misinterpreting WIS. STAT. § 973.20 (2017-18)2 or because Stone did not have the ability to pay.

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Ineffective Assistance of Counsel

Roman T. Wise appeals from a judgment of conviction for four counts of fleeing or eluding an officer and an order of the postconviction court denying, without a hearing, his motion seeking to vacate three of his convictions on the basis that he received ineffective assistance of counsel.

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Sentence Credit

This is a review of an unpublished decision of the court of appeals, State v. Lira, Nos. 2019AP691-CR & 2019AP692-CR, unpublished slip op. (Wis. Ct. App. Sep. 29, 2020), affirming in part and reversing in part the Milwaukee County circuit court's order denying Cesar Antonio Lira's motion for sentence credit.

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