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Opinion

Derivative Suit – Validity of Claim

The Estate of Stephen O’Bryan, Brendan Tim O’Bryan, Joan O’Bryan Herriott, and the remaining plaintiffs appellants named in the caption above appeal from an order of the circuit court dismissing their derivative action against Lakewood Farms, Inc. (LFI) and against David L. O’Bryan, Thomas O’Bryan, and various other O’Bryan family members, all on LFI’s board of directors.

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Court Error – Abuse of Discretion

Darrell Anthony Killebrew appeals a judgment of conviction for one count of possession of a firearm by a convicted felon, one count of disorderly conduct as an act of domestic abuse with use of a dangerous weapon, and one count of threat to a law enforcement officer, with all counts as a repeat offender.

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Abuse of Discretion – Restitution

Alex Scott Stone appeals from an order requiring him to pay restitution of $6,008.60 to the victim, M.S. Stone claims the circuit court erroneously exercised its discretion in making the restitution award either in misinterpreting WIS. STAT. § 973.20 (2017-18)2 or because Stone did not have the ability to pay.

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Ineffective Assistance of Counsel

Roman T. Wise appeals from a judgment of conviction for four counts of fleeing or eluding an officer and an order of the postconviction court denying, without a hearing, his motion seeking to vacate three of his convictions on the basis that he received ineffective assistance of counsel.

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Sentence Credit

This is a review of an unpublished decision of the court of appeals, State v. Lira, Nos. 2019AP691-CR & 2019AP692-CR, unpublished slip op. (Wis. Ct. App. Sep. 29, 2020), affirming in part and reversing in part the Milwaukee County circuit court's order denying Cesar Antonio Lira's motion for sentence credit.

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ADEA Violation

Joel Reinebold applied to be the head baseball coach of Indiana University South Bend (“IUSB”). After IUSB declined to hire Reinebold, he sued IUSB, Athletic Director Steve Bruce, and Assistant Athletic Director Tom Norris under the Age Discrimination in Employment Act (“ADEA”) and 42 U.S.C. § 1983.

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