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Case Digests

Jul 27, 2016

Discrimination

Jose Santiago appeals a circuit court order that affirmed the Labor and Industry Review Commission’s (LIRC) dismissal of Santiago’s claim of employment discrimination based upon national origin.

Jul 27, 2016

Court Error – Plea Withdrawal

Jermaine D. Greer, Sr., pro se, appeals the decision of the circuit court denying his fourth motion for postconviction relief in which Greer sought to withdraw his guilty plea.

Jul 27, 2016

Plea Withdrawal – Ineffective Assistance of Counsel

Patrick Dalton appeals from his judgment of conviction and the circuit court’s order denying his postconviction motion.

Jul 27, 2016

Revocation – Error

Michael Hess appeals pro se from a circuit court order denying his amended motion to vacate a revocation order related to an alleged refusal under WIS. STAT. § 343.305.

Jul 27, 2016

Ineffective Assistance of Counsel

Cornelius Green appeals pro se from a judgment convicting him of second-degree reckless homicide as party to the crime and from an order denying his postconviction motion alleging ineffective assistance of counsel.

Jul 27, 2016

Writ of Certiorari

The City of Delafield and the Delafield Common Council (hereafter Delafield) appeal from a circuit court order granting a petition for a writ of certiorari and requiring Delafield to approve a certified survey map (CSM) submitted by Mark Reinders and Sheridan Ryan (hereafter Reinders) to subdivide their residential lakefront lot into two lots. We agree with the circuit court that in declining to a[...]

Jul 27, 2016

Sentencing

Ernesto Lazo Villamil appeals (1) his judgment of conviction for felony causing a death while knowingly operating a motor vehicle after his driver’s license was revoked (OAR) and (2) the denial of his motion for postconviction relief. He argues that the statutory provisions underlying his conviction and sentence, WIS. STAT. § 343.44(1)(b) (2009-10)2 and WIS. STAT. § 343.44(2)(ar)4. (eff. Mar. [...]

Jul 27, 2016

Application for Permit

Gerald and Cheryl Earney, the Mississippi Land Connection and Timber Company, LLC, and Wisconsin Bluff Sands, LLC (f/k/a Badger Bluff Sands, LLC) (collectively “Earney”), appeal an order affirming, on certiorari review, the Buffalo County Board of Adjustment’s (“the Board”) decision to deny Earney’s application for a Conditional Use Permit (“CUP”) to operate a frac sand mine in the[...]

Jul 27, 2016

Termination of Parental Rights

V.A. appeals from an order terminating her parental rights to her son, M.R.H. She also appeals the order denying her postdispositional motion.2 V.A. makes the following arguments on appeal: (1) trial counsel was ineffective; (2) it is unconstitutional to terminate her parental rights when she was incompetent at the time she entered her plea to the underlying CHIPS petition; (3) WIS. STAT. § 48.41[...]

Jul 27, 2016

Suppression – Miranda Violation

James appeals an adjudication for first-degree sexual assault of a child. He argues his statement during a police interrogation should have been suppressed either for a Miranda violation or because the statement was involuntary. We conclude James’s statement was obtained in violation of Miranda, and we reverse.

Jul 26, 2016

Sentencing

15-2019 United States of America v. Billy J. Robinson, Jr.

Jul 26, 2016

Sentencing

7th Circuit Court of Appeals Case Name: United States of America v. Christopher Eberts Case No.: 15-2596 Officials: BAUER, MANION, and KANNE, Circuit Judges Focus: Sentencing Court did not ignore sentencing factors, the basis of court’s decision based on sound facts and ample evidence was present to support the imposed sentence “Eberts next argues that […]

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