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Case Digests

Dec 14, 2016

Imperfect Self Defense – Jury Instructions

Terry S. Shannon was convicted by a jury in 2009 of first-degree intentional homicide and discharging a firearm from a vehicle, both as party to a crime, and sentenced to life in prison.

Dec 14, 2016

DNA Surcharge – Due Process

Travis Manteuffel appeals the imposition of a $200 deoxyribonucleic acid (DNA) surcharge on his conviction for misdemeanor disorderly conduct and an order denying his postconviction motion to vacate that surcharge.

Dec 14, 2016

Spousal Maintenance – Divorce

Jeremy Chell appeals the spousal maintenance portion of a judgment dissolving his marriage to Laurie Chell.

Dec 14, 2016

Plea Agreement – Ineffective Assistance of Counsel

David Taylor appeals judgments convicting him of eleven felonies and an order denying his postconviction motion for resentencing.

Dec 14, 2016

Ineffective Assistance of Counsel – Court Error

Cedric Hayes, Sr., appeals a judgment convicting him of one count of repeated sexual assault of a child.

Dec 14, 2016

Admission of Evidence – Other-Acts Evidence

Anton Dorsey appeals a judgment of conviction for one count of misdemeanor battery, one count of disorderly conduct, and one count of aggravated battery, with the latter two counts having been charged as acts of domestic abuse, pursuant to WIS. STAT. § 973.055(1).

Dec 14, 2016

Negligence – Small Claims

Steven Howell, pro se, appeals a summary judgment entered in favor of the Polk County Sheriff’s Department in a small claims negligence action.

Dec 13, 2016

Statutory Coverage – Bank Fraud

Subsection (1) of the bank fraud statute covers schemes to deprive a bank of money in a customer’s deposit account.

Dec 13, 2016

Patent Act – Articles of Manufacture

In the case of a multicomponent product, the relevant “article of manufacture” for arriving at a §289 damages award need not be the end product sold to the consumer but may be only a component of that product.

Dec 13, 2016

Insider Trading – Securities Exchange Act of 1934

The Ninth Circuit properly applied Dirks to affirm Salman’s conviction. Under Dirks, the jury could infer that the tipper here personally benefited from making a gift of confidential information to a trading relative.

Dec 13, 2016

False Claims Act

A seal violation does not mandate dismissal of a relator’s complaint.

Dec 13, 2016

Daubert Test – Admission of Evidence

David Lewisbey was a Chicagobased gunrunner who used a fake Indiana I.D. to buy guns at Indiana gun shows and bring them back to Illinois to sell.

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