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2010AP582 Washington County v. WERC

Labor Duty of good faith A government employer does not have a unilateral duty to disclose to the Union that it is considering privatizing some positions. “The language of the 2007-08 collective bargaining agreement clearly gave the County the right ...

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08-15716-7 In re Risler

Bankruptcy Estate Where an unambiguous deed gives the debtor an interest in real estate, the trustee is authorized to sell it for the benefit of creditors. “As the Wisconsin Supreme Court has observed, if a deed is susceptible to only ...

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2009AP3198, 2009AP2044 Boden v. Portmann

Remedies Domestic abuse injunctions Joel Portmann appeals a domestic abuse injunction and orders denying his motion for reconsideration or a new hearing and motion to vacate the injunction under Wis. Stat. §§ 806.07(1)(b) and (h) (2009-10). He argues that Leslie ...

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09-9000, Skinner v. Switzer

Civil Rights DNA testing A convicted state prisoner seeking DNA testing of crime-scene evidence may assert that claim in a civil rights action under 42 U.S.C. 1983. Measured against this Court’s prior holdings, Skinner has properly invoked §1983. This Court ...

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09-868 Wall v. Kholi

Habeas Corpus AEDPA A motion to reduce a sentence under state law is an application for “collateral review” that triggers AEDPA’s tolling provision. The parties agree that the motion is not part of the direct review process, and both this ...

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10-1405 Gross v. PPG Industries, Inc.

Employment USERRA An employer’s calculation of differential pay does not violate USERRA. “[T]he calculation employed by PPG does not amount to an adverse employment action. PPG considered his RESOLVE complaint and determined that its calculation of differential pay conformed with ...

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09-2681 U.S. v. Avila

Sentencing Resentencing on remand A court resentencing a defendant after remand can base the new sentence on evidence that, although part of the original trial record, was not relied upon at the first sentencing. “Here, we ordered the district judge ...

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10-1721 U.S. v. Black

Sentencing Physical restraint enhancement Ordering and leading around a bank teller at gunpoint during a bank robbery warrants a physical restraint enhancement. “Black maintains the court should have followed the principle derived from Begay v. United States that when Congress ...

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10-1470 U.S. v. Lopez

Sentencing Illegal reentry In calculating the offense level for illegal reentry after removal, a sentence imposed on revocation of probation does not count under U.S.S.G. 2L1.2(b)91)(A)(i). “Our interpretation of the guideline is consistent with both the purpose behind the enhancement ...

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09-CR-71 U.S. v. Bradford

Sentencing ACCA; short-barreled shotguns Possession of a short-barreled shotgun is not a violent felony under the Armed Career Criminal Act. “Post-Begay, courts should draw a distinction between ‘active’ and ‘passive’ crimes to determine whether they involve violent and aggressive conduct. ...

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