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Opinion

Aug 27, 2021

Weekly Case Digests – August 23, 2021 – August 27, 2021

Weekly Case Digests – August 23, 2021 – August 27, 2021

Aug 25, 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.”

Aug 25, 2021

Immigration – Temporary Protected Status

Petitioner Jose Santos Sanchez entered this country unlawfully from El Salvador.

Aug 25, 2021

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.

Aug 25, 2021

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.

Aug 25, 2021

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.

Aug 25, 2021

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.

Aug 25, 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The petitioners, Southwest Airlines and AirTran Airways (collectively, Southwest), seek review of an unpublished opinion of the court of appeals affirming the circuit court's determination that Southwest does not qualify for the "hub facility" property tax exemption.

Aug 24, 2021

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.

Aug 24, 2021

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.

Aug 24, 2021

Sufficiency of Evidence and Jury Instructions

Travanti Schmidt appeals a judgment of conviction for one count of assault by a prisoner.

Aug 24, 2021

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 [...]

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