Issue of Material Fact – Sham-affidavit Rule
It is axiomatic that the first step in the summary-judgment process is to ask whether the evidentiary record establishes a genuine issue of material fact for trial.
Sentencing Guidelines
A criminal defendant pleaded guilty to making threatening and harassing interstate telephone calls.
FCRA Violation
Plaintiffs Joseph Denan and Adrienne Padgett sued consumer reporting agency Trans Union LLC, alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.
Abuse of Discretion – Evidentiary Ruling
In the course of a police check of a suspicious vehicle, Nicholas Nelson was caught with a handgun.
Weekly Case Digests – June 1, 2020 – June 5, 2020
Weekly Case Digests – June 1, 2020 – June 5, 2020
1st Amendment Violation – Abuse of Discretion
This case concerns 8 U. S. C. §1324, which makes it a federal felony to “encourag[e] or induc[e] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.” §1324(a)(1)(A)(iv).
OWI – Ineffective Assistance of Counsel
Gary Schumacher was convicted, upon a jury verdict, of operating a motor vehicle with a prohibited alcohol content (OWI- PAC) in connection with an accident between Schumacher and another motor vehicle.
Right of First Refusal – Fair Market Value
A right of first refusal (ROFR) is an agreement in which an owner of property (typically real estate) conveys a right to another party to match any offer made for the property.
Time-barred – Marital Property Agreement
Paul Schwab appeals an order of the trial court that permitted the enforcement of a provision in a marital property agreement with his former wife, Kathy Schwab (n/k/a Siech), included in their divorce judgment entered in 1992.
OWI – Equitable Tolling
Christopher Pye appeals from an order equitably tolling the two-year statute of limitations for the offense of an operating a motor vehicle while intoxicated (OWI) (first offense), WIS. STAT. § 346.63(1)(a).
LIRC – Unemployment Benefits
Rebecca Leitner appeals the circuit court’s order upholding a decision by the Labor and Industry Review Commission that denied Leitner immediate unemployment benefits.
Court Error – Admittance of Evidence
In these consolidated cases, Leroy E. Johnson appeals from judgments convicting him of numerous crimes.
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Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property