Sentencing Crack cocaine A defendant cannot make successive motions for sentence reduction pursuant to 18 U.S.C. 3582(c)(2). “Redd treats §3582(c)(2) as if it countermanded the basic determinate-sentence system and bestowed on district judges a continuing power to adjust sentences-a power ...Read More »
Employment Race discrimination It was not race discrimination for a fire department to update its eligibility list for promotions. “Since, despite being similarly situated to Byrne and Kaveney, Stinnett was treated worse than either of them, and he is black ...Read More »
Sixth Amendment In court ID by lineup witnesses Where police conducted incustody lineup identifications while a defendant was unrepresented by counsel, and the district court ruled that the lineup was unduly suggestive but nonetheless held that lineup witnesses may be ...
Tagged with: Sixth AmendmentRead More »
Employment ADA; failure to accommodate; limitations on personal care The district court’s summary judgment ruling in this disability discrimination case must be reversed because a reasonable jury could conclude that the plaintiff’s back injury placed substantial limitations upon his ability ...Read More »
Family Pending divorce; separate small claims action; fees as sanction Lisa Whiting appeals the dismissal of her small claims action against her former husband, Jeffrey Whiting. She argues that her action, which sought rent from Jeffrey for their marital apartment, ...
Tagged with: Family DigestRead More »
Employment Unemployment compensation insurance; independent contractor classification Start Renting Inc. appeals from an order affirming a decision of the Wisconsin Labor and Industry Review Commission determining unemployment tax liability. The issue is whether persons classified as employees pursuant to WIS. ...
Tagged with: Employment DigestRead More »
Debtor and Creditor Credit card agreement default; summary judgment; sufficiency of affidavits This case arises out of a small claims collection action alleging that Greg Griswold defaulted on credit card payments owed to HSBC Bank Nevada. Griswold appeals the circuit ...
Tagged with: Summary judgmentRead More »
Constitutional Law Due process A village’s refusal to issue building permits or a liquor license did not violate substantive or procedural due process. “Apart from the renewal form allegations, LaBella also alleged that defendants ‘cancelled’ its liquor license ‘without cause, ...Read More »
Search and Seizure Inevitable discovery Where an automobile would have been impounded and searched, the inevitable discovery doctrine applies, and evidence obtained during a warrantless search of the car at the scene need not be suppressed, even though the driver ...
Tagged with: Search and Seizure DigestRead More »
Employment ADEA; state attorneys Assistant State’s Attorneys are appointees on the policymaking level and therefore are not within the coverage of the Age Discrimination in Employment Act. “The appellants contend that Assistant State’s Attorneys merely implement policy actions on behalf ...Read More »
Antitrust Sufficiency of the complaint Where an antitrust complaint alleges that four competitors with 90 percent of the market raised prices, despite falling costs, the complaint states a claim for relief. “The complaint also alleges that in the face of ...Read More »
Constitutional Law Sovereign immunity A state does not lose its sovereign immunity through litigation conduct. “Phoenix contends that Wisconsin’s litigation status was similarly changed-and its sovereign immunity similarly waived-when it made the decision to file an action in district court ...Read More »
Criminal Procedure Ineffective assistance The State appeals from an order granting David Scott a new trial on the ground that Scott was denied the effective assistance of trial counsel when convicted of three counts of sexual assault of a child ...Read More »
Consumer Protection Lemon Law; attorney fees This case involves a challenge to the circuit court’s award of attorney’s fees. The appellant, Mark A. Kauffmann, argues that the circuit court erred by not determining that he was the prevailing party and ...Read More »
Civil Procedure Frivolous lawsuits; sanctions This appeal arises from Ann Moore’s claimed future interest in a cottage owned by her mother, Mary Dougherty. Moore appeals from the part of an order granting Dougherty’s motion for sanctions against her for violating ...Read More »
Civil Procedure Jury trials; judicial bias; interpreters D.T. Kedinger appeals from orders denying him an interpreter based on trial court findings that he does not have a hearing disability and denying reconsideration of the judgment against him. He makes four ...Read More »
Criminal Procedure Confrontation Clause; harmless error Nontestimonial statements are not subject to the Confrontation Clause; and where all relevant inadmissible testimony was duplicative of admissible evidence, the admission of the evidence was harmless error. “Unlike Jensen, we do pay heed ...Read More »
Criminal Procedure Successive appeals Rick T. Robinson, pro se, appeals the circuit court’s order denying his motion for postconviction relief under Wis. Stat. § 974.06. He contends that he should be allowed to withdraw his guilty plea. We affirm. This ...Read More »
Sentencing Modification; new factors Antoine T. Hunter appeals from a judgment of conviction and an order denying postconviction relief. The only question presented is whether the circuit court erroneously rejected Hunter’s claim that a new factor warrants sentence modification. We ...Read More »
Sentencing DNA surcharge Earnest M. Moffett appeals from an amended judgment of conviction for being a felon in possession of a firearm and possession with intent to deliver 200-1000 grams of marijuana, second or subsequent offense, as a party to ...Read More »
Criminal Procedure Plea withdrawal; ineffective assistance Reginald Fionna Baldwin, pro se, appeals from a judgment of conviction entered upon his guilty pleas to two felonies. He also appeals from a postconviction order denying his motion for plea withdrawal. He claims ...Read More »
Criminal Procedure Plea withdrawal Larry Emanuel Lemons appeals from a judgment convicting him of burglary, as an habitual offender. He also appeals an order denying his postconviction motion to withdraw his plea. He argues that he should be allowed to ...Read More »
Criminal Procedure Plea withdrawal; self-representation This is an appeal of the circuit court’s denial of a motion to withdraw a guilty plea which was entered by an unrepresented defendant. The motion to withdraw the plea occurred after sentencing. The State ...Read More »
Insurance Duty to indemnify Acuity, a Mutual Insurance Company, appeals a judgment granted in favor of its insured, Community Living Solutions, LLC. The circuit court concluded that Acuity’s policy covered claims made against Community by Hoffman, LLC and that Acuity ...
Tagged with: et al.Read More »
Employment Workers compensation; credible evidence George Daniels appeals from a judgment affirming a Wisconsin Labor and Industry Review Commission order. The Commission determined that work-related stress was not a contributory cause of Daniels’ ruptured brain aneurysm. Daniels argues the Commission ...
Tagged with: et al.Read More »
Employment Workers compensation; credible evidence Frank Arms appeals a circuit court order affirming a decision of the Labor and Industry Review Commission. Arms contends that the Commission erred in concluding that he did not sustain a compensable low back injury ...
Tagged with: et al.Read More »
Search and Seizure Search incident to arrest Where police officers had reason to believe evidence relevant to the crime of arrest might be found in the vehicle after arresting the driver, the search of the vehicle is lawful, even though ...Read More »