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Opinion

Aug 3, 2020

Bankruptcy – Automatic Stay

After filing a petition under Chapter 13 of the Bankruptcy Code, Marzie Bastani asked the judge to stay a foreclosure proceeding pending in state court.

Jul 31, 2020

Weekly Case Digests – July 27, 2020 – July 31, 2020

Weekly Case Digests – July 27, 2020 – July 31, 2020

Jul 29, 2020

Immigration – Removal Proceedings

Under federal immigration law, noncitizens who commit certain crimes are removable from the United States. During removal proceedings, a noncitizen may raise claims under the international Convention Against Torture, known as CAT.

Jul 29, 2020

ERISA Claim – Standing to Sue

Plaintiffs James Thole and Sherry Smith are retired participants in U. S. Bank’s defined-benefit retirement plan, which guarantees them a fixed payment each month regardless of the plan’s value or its fiduciaries’ good or bad investment decisions.

Jul 29, 2020

Habeas Corpus – Successive Petition

A state prisoner is entitled to one fair opportunity to seek federal habeas relief from his conviction.

Jul 29, 2020

Constitution’s Appointment Clause Violation – Senate Confirmation

The Constitution’s Appointments Clause says that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States . . . .”

Jul 29, 2020

Equitable Estoppel Violation

The question in this case is whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U. S. T. 2517, T. I. A. S. No. 6997, conflicts with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories.

Jul 29, 2020

Unlawful-stop Claim – Reasonable Suspicion

We review a decision of the court of appeals affirming the circuit court denial of Mose B. Coffee's motion to suppress evidence obtained from a search of a vehicle incident to his lawful arrest for Operating While Intoxicated (OWI) that Coffee argues violated the Fourth Amendment of the United States Constitution.

Jul 29, 2020

Court Error – Other Acts Evidence

This is a review of a published decision of the court of appeals reversing the judgment of conviction entered against David Gutierrez.

Jul 29, 2020

Attorney Disciplinary Hearing

We review a report filed by Referee John B. Murphy, recommending that the court reinstate, with conditions, Elvis C. Banks' license to practice law in Wisconsin. After careful review of the matter, we agree that Attorney Banks' license should be reinstated and that conditions should be placed upon his practice of law.

Jul 29, 2020

Termination of Parental Rights

The Juneau County Department of Health Services commenced this action seeking the termination of C.C.’s parental rights to her son, K.C. C.C. appeals the circuit court’s order granting the County’s motion for partial summary judgment on the existence of grounds to terminate CC’s parental rights based on abandonment.

Jul 29, 2020

Court Error – Abuse of Discretion

Carlos Trevino appeals a judgment convicting him of two counts of burglary as party to a crime, one count of theft, and one count of theft as party to a crime.

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