Weekly Case Digests – August 23, 2021 – August 27, 2021
Weekly Case Digests – August 23, 2021 – August 27, 2021
Statutory Interpretation – Armed Career Criminal Act – Violent Felony
The Armed Career Criminal Act (ACCA), 18 U. S. C. §924(e), mandates a 15-year minimum sentence for persons found guilty of illegally possessing a gun who have three or more prior convictions for a “violent felony.”
Immigration – Temporary Protected Status
Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador.
Statutory Authority – Emergency Order
Exercising our original jurisdiction under Article VII, Section 3(2) of the Wisconsin Constitution, we consolidate and review three cases challenging the authority of Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County (PHMDC), to issue an emergency order closing all schools in Dane County for in-person instruction in grades 3-12.
Statutory Interpretation – Cooperative Plan
We review a published decision of the court of appeals affirming the order of the Circuit Court for Dodge County that reversed the Department of Administration's (the "Department") approval of a cooperative plan (the "Plan") between the Village of Kekoskee (the "Village") and the Town of Williamstown (the "Town") and remanded the matter back to the Department.
CHIPS – Due Process Violation
If a circuit court determines a child is in need of protection or services (CHIPS) due to a parent's neglect, refusal, or inability (for reasons other than poverty) to provide necessary care to the extent that the physical health of the child is seriously endangered, the circuit court may order the child removed from the parental home.
Attorney Disciplinary Proceeding
We review the report of the referee, Reserve Judge William M. Gabler, Sr., recommending that this court revoke Attorney Christopher S. Petros' license to practice law in Wisconsin, require him to pay $5,000 in restitution to the father of a former client, and require him to pay the full costs of this disciplinary proceeding, which total $3,910.22 as of February 3, 2021.
Property Tax Assessment – Hub Facility Exemption
The petitioners, Southwest Airlines and AirTran Airways (collectively, Southwest), seek review of an unpublished opinion of the court of appeals affirming the circuit court's determination that Southwest does not qualify for the "hub facility" property tax exemption.
Insurance Claim – Coverage
Ismet Islami seeks review of the court of appeals decision affirming the Waukesha County Circuit Court's grant of summary judgment in favor of Kemper Independence Insurance Company (Kemper) denying coverage to Ismet for the loss of her home.
Time-barred – Notice of Claim
The petitioner, Southport Commons, LLC (Southport), seeks review of a published court of appeals decision that affirmed the circuit court's grant of the Department of Transportation's (DOT) motion for judgment on the pleadings.
Sufficiency of Evidence and Jury Instructions
Travanti Schmidt appeals a judgment of conviction for one count of assault by a prisoner.
Plea Withdrawal – CHIPS
In this consolidated appeal, “Eileen” appeals from: (1) WIS. STAT. ch. 48 dispositional orders finding her children “Erika,” “April,” and “Mark” in need of protection or services (CHIPS); and (2) an order denying her post-disposition motion to withdraw her no-contest pleas in the CHIPS actions. Eileen seeks review of the latter order on the grounds that the CHIPS petition does not [...]
Legal News
- Former law enforcement praise state’s response brief in Steven Avery case
- Eric Toney announces re-election bid for Fond du Lac County District Attorney
- Former Wisconsin Democratic Rep. Peter Barca announces new bid for Congress
- Republicans file lawsuit challenging Evers’s partial vetoes to literacy bill
- More human remains believed those of missing woman wash up on Milwaukee Co. beach
- Vice President Harris returning to Wisconsin for third visit this year
- Wisconsin joins Feds, dozens of states to hold airlines accountable for bad behavior
- Trump ahead of Biden in new Marquette poll
- Bankruptcy court approves Milwaukee Marriott Downtown ‘business as usual’ motion
- New Crime Gun Intelligence Center to launch in Chicago
- Arrest warrant proposed for Minocqua Brewing owner who filed Lawsuit against Town of Minocqua
- Wisconsin Supreme Court justices question how much power Legislature should have
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula