Court Error – Sentencing
On May 6, 2014, Charles Petrunak was indicted on three counts of making and subscribing false and fraudulent IRS forms, in violation of 26 U.S.C. § 7206(1).
Tax Liability
This case presents an issue of first impression in our circuit—one that requires us to delve into the abstruse world of federal‐tax procedure.
Statutory Challenge
The Milwaukee Police Association and officers Michael V. Crivello and Joshua A. Anderer challenge a provision in Milwaukee’s corporate charter requiring all law enforcement, fire, and emergency personnel to reside within fifteen miles of city limits.
Juvenile Prosecution Transfer to Adult Prosecution
Three juveniles—including M.G., who is the defendant-appellant here—and one adult allegedly robbed an Indianapolis CVS pharmacy at gunpoint on October 14, 2015.
Indian Law – Sovereign Immunity
In a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe’s sovereign immunity is not implicated
Exoneration Act – 14th Amendment
The Exoneration Act’s scheme does not comport with the Fourteenth Amendment’s guarantee of due process
Deferred Restitution
A defendant wishing to appeal an order imposing restitution in a deferred restitution case must file a notice of appeal from that order.
Bad Faith Sanctions – Attorney Fees
When a federal court exercises its inherent authority to sanction bad-faith conduct by ordering a litigant to pay the other side’s legal fees, the award is limited to the fees the innocent party incurred solely because of the misconduct—or put another way, to the fees that party would not have incurred but for the bad faith
Subrogation – Reimbursement
Because contractual subrogation and reimbursement prescriptions plainly “relate to . . . payments with respect to benefits,” §8902(m)(1), they override state laws barring subrogation and reimbursement.
Third Party Plaintiff – Duty to Defend
The petition for review asked the court to decide: (1) whether a third-party complaint may state a claim for which an insurance company has a duty to defend when the third-party plaintiff was sued for misrepresentation by the first-party plaintiff; (2) whether a third-party defendant may supplement the third-party complaint with additional facts when the third party defendant seeks a defense from [...]
Amicus Brief Filed
An amicus curiae brief was filed by Kelli S. Thompson, state public defender and Joseph N. Ehmann, regional attorney manager, Wisconsin State Public Defender.
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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