Subject-matter Jurisdiction and Claim Splitting
Plaintiff-appellant Bobbie Jo Scholz suffered from serious physical and mental ailments following her service in the military.
Weekly Case Digests – February 7, 2022 – February 11, 2022
Weekly Case Digests – February 7, 2022 - February 11, 2022
Postconviction Relief – Evidentiary Hearing
Lamont Donnell Sholar, pro se, appeals his judgment of conviction for five counts related to sex trafficking and the circuit court order denying his motion for postconviction relief without a hearing.
Termination of Parental Rights
Sarah appeals from orders terminating her parental rights to her two daughters, Nora and Abby, based upon her failure to assume parental responsibility for them.
Court Error – Abuse of Discretion
It is criminal “distribut[ion]” of child pornography within the meaning of 18 U.S.C. § 2252(a)(2) to knowingly make a file containing child pornography available for others to access and download via a peer-to-peer filesharing network.
Sufficiency of Evidence
A jury found Carl McAdory guilty of two driving-related offenses after hearing evidence that a chemical test of a sample of his blood, drawn after he was arrested following a traffic stop, showed the presence of cocaine and marijuana.
Sentencing Guidelines
Ya Yang appeals his below-guidelines sentence, arguing that the district court erred because it considered an audio file at sentencing that was not publicly available on the court’s electronic docket.
Court Error – Abuse of Discretion
Joan and Rick Scalcucci appeal a summary judgment order dismissing their personal injury suit against the City of Madison and the County of Dane (collectively, “the Municipalities”).
Sentencing Guidelines – Enhancement
Following an investigation of an Indianapolis‐based drug trafficking organization, the government secured a warrant to search Juan Zamudio’s residence, where they found large amounts of methamphetamine, a digital scale, and a loaded firearm.
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.
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.
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.
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